ALANDER CRAPPS, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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BARKETT, Justice.
We have for review Crapps v. State, 483 So. 2d 544 (Fla. 1st DCA 1986), because of direct and express conflict with Vicknair v. State, 483 So. 2d 896 (Fla. 5th DCA 1986), approved, 498 So. 2d 416 (Fla.1986). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. In Crapps, the First District held that a finding of habitual offender status is an adequate reason to depart from the sentencing guidelines. Since accepting jurisdiction in this case, we have decided that this is not an appropriate reason for departure. Whitehead v. State, 498 So. 2d 863 (Fla.1986).
Accordingly, we quash that portion of the district court’s opinion which permitted a departure because of a determination of habitual offender status and remand this case to the district court with directions to remand to the trial court for resentencing in accordance with Whitehead.
It is so ordered.
MCDONALD, C.J., and ADKINS, BOYD, EHRLICH and SHAW, JJ., concur. OVERTON, J., dissents.
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Citator
Cited By
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Sarria v. State, 501 So. 2d 737 (Fla. 3d DCA 1987)…pe” and threatened with gun); Crapps v. State, 483 So. 2d 544, 545 (Fla. 1st DCA 1986) (“defendant’s extended [campaign] of harassment and violence against [victim and family] caused great emotional distress”), quashed and remanded on other grounds, 498 So. 2d 415 (Fla.1986); Head v. State, 473 So. 2d 18, 19 (Fla. 3d DCA 1985) (“psychological impact on the victim of becoming paralyzed as a result of defendant's criminal act”), approved, 485 So. 2d 1285 (Fla.1986). The conviction is affirmed; the sentence is…
Authorities Cited
- Whitehead v. State, 498 So. 2d 863 (Fla. 1986)
- Vicknair v. State, 483 So. 2d 896 (Fla. 5th DCA 1986)
- Alander Crapps v. State, 483 So. 2d 544 (Fla. 1st DCA 1986)
- State v. Vicknair, 498 So. 2d 416 (Fla. 1986)