Florida District Courts of Appeal, 1988

Jordan v. State

Jordan v. State
Florida District Courts of Appeal · Decided August 3, 1988 · Lehan, Parker, Threadgill
528 So. 2d 1308; 13 Fla. L. Weekly 1851; 1988 Fla. App. LEXIS 3519; 1988 WL 80902 (Southern Reporter, Second Series)

Jordan v. State

Opinion of the Court

PER CURIAM.

The trial judge departed upward from the guidelines range in this case for the sole reason that appellant was found to be a habitual felony offender. In Whitehead v. State, 498 So.2d 863 (Fla. 1986), the supreme court held that habitual offender status cannot be used as a reason for departure from the guidelines. We, therefore, reverse the sentence herein and remand for resentencing within the suggested guidelines range, including the option to “bump-up” for violation of probation.

LEHAN, A.C.J., and THREADGILL and PARKER, JJ., concur.

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