Florida District Courts of Appeal, 1987

Davis v. State

Florida District Courts of Appeal · Decided November 6, 1987 · Ryder, Scheb, Threadgill

514 So. 2d 1155; 12 Fla. L. Weekly 2554; 1987 Fla. App. LEXIS 10963 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

Reginald L. Bryant v. State of Florida (Fla. 2014)
Shull v. Dugger (Fla. 1987)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

RYDER, Judge.

Appellant raises four points on appeal. We find merit in two. First, appellant contends that the trial court improperly sentenced appellant as an habitual offender. We agree. The court’s reference to appellant’s prior convictions did not in and of itself show that the public was at risk absent an extended sentence. “Refer*1156ence to appellant’s ‘continuing criminal activity’ is inadequate without additional analysis or findings of fact in support thereof.” Sims v. State, 487 So.2d 37 (Fla. 2d DCA 1986).

Second, appellant contends the trial court erred in using habitual offender status as a reason for departure from the sentencing guidelines recommended sentence. We agree.

Subsequent to the sentencing herein, the Florida Supreme Court decided Whitehead v. State, 498 So.2d 863 (Fla. 1986). In Whitehead, the Florida Supreme Court held that habitual offender status is not a legitimate reason to depart from the sentencing guidelines recommended sentence.

Consequently, we reverse the sentence herein and remand for resentencing within the sentencing guidelines presumptive sentence.

Affirmed in part; reversed in part and remanded for resentencing.

SCHEB, A.C.J., and THREADGILL, J., concur.

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