Florida District Courts of Appeal, 1987

Munday v. State

Munday v. State
Florida District Courts of Appeal · Decided October 7, 1987 · Joanos, Smith, Wentworth
513 So. 2d 764; 12 Fla. L. Weekly 2374; 1987 Fla. App. LEXIS 12285 (Southern Reporter, Second Series)

Munday v. State

Opinion of the Court

PER CURIAM.

Appellant appeals raising several issues, only one of which merits discussion. In sentencing appellant, the trial court departed from the recommended range of the guidelines, giving as one of its reasons appellant’s status as a habitual offender. Subsequently, the Florida Supreme Court declared this to be an invalid reason for departure in Whitehead v. State, 498 So.2d 863 (Fla. 1986). Accordingly, the cause is remanded to the trial court for resentenc-ing. Albritton v. State, 476 So.2d 158 (Fla. 1985).

SMITH, C.J., and WENTWORTH and JOANOS, JJ., concur.

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