Jordan v. State
Jordan v. State
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
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.