SAMUEL ALBURY, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1987-03-10
No. 86-769
Before BASKIN and DANIEL S. PEARSON and FERGUSON, JJ.
503 So. 2d 460 Florida District Court of Appeal, Third District (1987) Caution
Cited by 6 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

The trial court departed from the recommended guidelines sentence of two-and-a-half to three-and-a-half years imprisonment and sentenced Albury to ten years imprisonment upon a finding that Albury was a habitual offender. In Whitehead v. State, 498 So. 2d 863 (Fla.1986), decided after the trial court imposed sentence on Albury, the Florida Supreme Court held that the habitual offender statute, § 775.084, Fla.Stat. (1985), is neither an alternative to guidelines sentencing nor an adequate reason for departure from the recommended guidelines sentence. Whitehead thus compels reversal of the sentence and a remand for resentencing within the recommended guidelines.

Reversed and remanded.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Shull v. Dugger, 515 So. 2d 748 (Fla. 1987)
    …ey 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 requiring resen-tencing within the guidelines merely because the…
  • Bryant v. State, 148 So. 3d 1251 (Fla. 2014)
    …ng 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 an exception to the general rule requiring resentencing within…
  • Morganti v. State, 510 So. 2d 1182 (Fla. 4th DCA 1987)
    …1016 (Fla. 5th DCA 1987). Only the Third District, without specifically addressing the issue, has held that, in such a case, the sentence on remand must be within the Guidelines. Deliford v. State, 505 So. 2d 523 (Fla. 3d DCA 1987); Albury v. State, 503 So. 2d 460 (Fla. 3d DCA 1987). While we believe that an affirmance is appropriate, we note that the problem created by this case could have been avoided had the trial court listed all of its reasons for departure in its original order. We believe that such re…

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