Payne v. State

Supreme Court of Florida
Payne v. State, 498 So. 2d 413 (Fla. 1986)
11 Fla. L. Weekly 589; 1986 Fla. LEXIS 2825
Adkins, Barkett, Boyd, Ehrlich, McDonald, Overton, Shaw

Payne v. State

Opinion of the Court

PER CURIAM.

This is a petition to review Payne v. State, 480 So.2d 202 (Fla. 1st DCA 1985), in which the district court held that the trial court did not err in considering Payne’s habitual offender status as a reason for departure from sentencing guidelines. We find conflict with Whitehead v. State, 498 *414So.2d 863 (Fla. 1986).* While .we approve Payne’s conviction, we remand to the district court with directions to return this cause to the trial court for resentencing consistent with Whitehead.

It is so ordered.

McDonald, C.J., and ADKINS, BOYD, EHRLICH, SHAW and BARKETT, JJ., concur. OVERTON, J., dissents with an opinion.

We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.

Dissenting Opinion

OVERTON, Justice,

dissenting.

I dissent for the reasons expressed in my dissent in Whitehead v. State, 498 So.2d 863 (Fla. 1986).

Reference

Full Case Name
Ricky J. PAYNE v. STATE of Florida
Cited By
4 cases
Status
Published