Albury v. State, 86-769
| Citation | 12 Fla. L. Weekly 732,503 So.2d 460 |
| Decision Date | 10 March 1987 |
| Docket Number | No. 86-769,86-769 |
| Parties | 12 Fla. L. Weekly 732 Samuel ALBURY, Appellant, v. The STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Appeal from the Circuit Court for Dade County; Harold Solomon, Judge.
Bennett H. Brummer, Public Defender, and Marti Rothenberg, Asst. Public Defender, for appellant.
Robert A. Butterworth, Atty. Gen., and Calvin L. Fox, Asst. Atty. Gen., for appellee.
Before BASKIN and DANIEL S. PEARSON and FERGUSON, JJ.
The trial court departed from the recommended guidelines sentence of two-and-a-half to three-and-a-half years imprisonment and sentenced Albury to ten years imprisonment upon a finding that Albury was a habitual offender. In Whitehead v. State, 498 So.2d 863 (Fla.1986), decided after the trial court imposed sentence on Albury, the Florida Supreme Court held that the habitual offender statute, § 775.084, Fla.Stat. (1985), is neither an alternative to guidelines sentencing nor an adequate reason for departure from the recommended guidelines sentence. Whitehead thus compels reversal of the sentence and a remand for resentencing within the recommended guidelines.
Reversed and remanded.
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...v. State, 510 So.2d 1182 (Fla. 4th DCA 1987) ; Central Bell v. State, 500 So.2d 217 (Fla. 1st DCA 1986). But see Albury v. State, 503 So.2d 460 (Fla. 3d DCA 1987) ; Wade v. State, 513 So.2d 1358 (Fla. 2d DCA 1987) ; Davis v. State, 514 So.2d 1155 (Fla. 2d DCA 1987) ). Ultimately, we determi......
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Morganti v. State, 87-0312
...such a case, the sentence on remand must be within the Guidelines. Deliford v. State, 505 So.2d 523 (Fla. 3d DCA 1987); Albury v. State, 503 So.2d 460 (Fla. 3d DCA 1987). While we believe that an affirmance is appropriate, we note that the problem created by this case could have been avoide......
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Shull v. Dugger
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