Florida District Courts of Appeal, 1987

Zinnermon v. State

Zinnermon v. State
Florida District Courts of Appeal · Decided August 21, 1987 · Campbell, Danahy, Threadgill
511 So. 2d 716; 12 Fla. L. Weekly 2063; 1987 Fla. App. LEXIS 10012 (Southern Reporter, Second Series)

Zinnermon v. State

Opinion of the Court

PER CURIAM.

Appellant attacks both his judgment and sentence in this appeal. We affirm the judgment. However, we find merit in the point attacking the sentence.

The trial court exceeded the guidelines for the sole reason that appellant was an habitual offender. Subsequent to the sentencing herein, the Florida Supreme Court decided Whitehead v. State, 498 So.2d 863 (Fla. 1986), holding that a departure based on habitual offender status is invalid.

*717Consequently, we reverse the sentence herein and remand for resentencing within the guidelines. Otherwise, affirmed.

DANAHY, C.J., and CAMPBELL and THREADGILL, JJ., concur.

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