Donahue v. State, 85-2279
| Decision Date | 06 February 1987 |
| Docket Number | No. 85-2279,85-2279 |
| Citation | 502 So.2d 57,12 Fla. L. Weekly 467 |
| Parties | 12 Fla. L. Weekly 467 Gary D. DONAHUE, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
James Marion Moorman, Public Defender, and Joel E. Grigsby, Asst. Public Defender, Bartow, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Joseph R. Bryant, Asst. Atty. Gen., Tampa, for appellee.
Appellant, Gary D. Donahue, appeals from the trial court's upward departure from the sentencing guidelines based upon the habitual offender statute, § 775.084, Fla.Stat. (1985). Sentencing pursuant to the habitual offender statute will not support departure from the guidelines. Whitehead v. State, 498 So.2d 863 (Fla.1986).
We affirm the conviction, vacate the sentence, and remand to the trial court for resentencing within the guidelines. The trial court may depart if there are valid reasons for departure other than treating Donahue as a habitual offender. See Bell v. State, 500 So.2d 217 (Fla. 1st DCA 1986).
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Morganti v. State, 87-0312
...the same result. Smith v. State, 503 So.2d 457 (Fla. 2d DCA 1987); Brewer v. State, 502 So.2d 1367 (Fla. 2d DCA 1987); Donahue v. State, 502 So.2d 57 (Fla. 2d DCA 1987); Beahn v. State, 502 So.2d 15 (Fla. 2d DCA 1986). The same also appears to be true with regard to the Fifth District. Frie......
- London v. Department of Health and Rehabilitative Services, 86-1426