Davis v. State, 86-799

Decision Date06 November 1987
Docket NumberNo. 86-799,86-799
Citation514 So.2d 1155,12 Fla. L. Weekly 2554
Parties12 Fla. L. Weekly 2554 Robert Lloyd DAVIS, Appellant, v. STATE of Florida, Appellee.
CourtFlorida District Court of Appeals

James Marion Moorman, Public Defender and Stephen Krosschell, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee and William I. Munsey, Asst. Atty. Gen., Tampa, for appellee.

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. "Reference 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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3 cases
  • Bryant v. State
    • United States
    • Florida Supreme Court
    • October 9, 2014
    ...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 determined that there wasno reason for making an exception to the general rule requiring resentencing wit......
  • Shull v. Dugger
    • United States
    • Florida Supreme Court
    • November 25, 1987
    ...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). We see no reason for making an exception to the general rule requiring resentencing within the guidelines merely because......
  • Alimonta v. State
    • United States
    • Florida District Court of Appeals
    • November 6, 1987

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