Wade v. State, 86-878
| Decision Date | 21 October 1987 |
| Docket Number | No. 86-878,86-878 |
| Citation | 513 So.2d 1358,12 Fla. L. Weekly 2468 |
| Parties | 12 Fla. L. Weekly 2468 Geraldine WADE, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
James Marion Moorman, Public Defender, and A. Anne Owens, Asst. Public Defender, Bartow, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Katherine V. Blanco, Asst. Atty. Gen., Tampa, for appellee.
The appellant, Geraldine Wade, seeks review of the trial court's judgment and sentence. We affirm the judgment, but reverse the sentence imposed.
The trial court departed from the recommended guidelines range based solely upon the appellant's classification as a habitual offender. Subsequent to the trial court's imposition of sentence, the Florida Supreme Court held that a defendant's habitual offender status is an improper reason to depart from the sentencing guidelines. See Whitehead v. State, 498 So.2d 863 (Fla.1986).
We, accordingly, reverse the trial court's sentence and remand for resentencing within the recommended guidelines range. We affirm in all other respects.
Affirmed in part, reversed in part, and remanded.
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...; 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 determined that there wasno reason for making an exc......
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...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 We see no reason for making an exception to the general rule requiring resentenc......
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...is an improper reason to depart from the sentencing guidelines. Whitehead v. State, 498 So.2d 863 (Fla.1986). See also Wade v. State, 513 So.2d 1358 (Fla. 2d DCA 1987). We find, however, that the court did set forth valid reasons for departure, Williams v. State, 504 So.2d 392 (Fla.1987), s......