CENTRAL BELL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1986-11-03
No. BH-46
ERVIN, WIGGINTON and BARFIELD, JJ., concur.
500 So. 2d 217 Florida District Court of Appeal, First District (1986) Caution
Cited by 8 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

AFFIRMED.

ERVIN, WIGGINTON and BARFIELD, JJ., concur.

Other
PER CURIAM.

PER CURIAM.

Appellant seeks rehearing on the Per Curiam Affirmance decision of this Court dated November 3, 1986, singularly contending that by the Florida Supreme Court’s opinion in Whitehead v. State, 498 So. 2d 863 (Fla.1986), a departure based on the criteria of the habitual offender statute is improper and in conflict with Hendrix v. State, 475 So. 2d 1218 (Fla.1985).

We agree that Whitehead is controlling authority and should be applied for appellant’s benefit, to invalidate the habitual offender finding as the primary reason for the trial judge’s departure from a guidelines sentence. Accordingly, appellant’s motion for rehearing is granted and the cause is remanded for resentencing within the guidelines, unless a valid written reason for departing from the guidelines is set forth.

ERVIN, WIGGINTON and BARFIELD, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Shull v. Dugger, 515 So. 2d 748 (Fla. 1987)
    …l sentencing and are valid reasons for departure. E.g., Brumley v. State, 512 So. 2d [*750] 220 (Fla. 1st DCA 1987); Brewer v. State, 502 So. 2d 1367 (Fla. 2d DCA 1987); Mor-ganti 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). We see no reason for making an exception to the general rule req…
  • Bryant v. State, 148 So. 3d 1251 (Fla. 2014)
    …ing and were valid reasons for departure. Id. at 749-50 (citing Brumley v. State, 512 So. 2d 220 (Fla. 1st DCA 1987); Brewer v. State, 502 So. 2d 1367 (Fla. 2d DCA 1987); Morganti 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 determined that there was no reason for making a…
  • Donahue v. State, 502 So. 2d 57 (Fla. 2d DCA 1987)
    …irm 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). RYDER, A.C.J., and LEHAN and FRANK, JJ., concur.…

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