DAVID COX, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1987-05-20
No. 86-1873
RYDER, A.C.J., and SCHOONOVER, J., concur.
507 So. 2d 740 Florida District Court of Appeal, Second District (1987) Positive Treatment
Cited by 1 case
Topics
Sentencing Guidelines Departure Habitual Offender Sentencing

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Opinion of the Court
HALL, Judge.

HALL, Judge.

Appellant David Cox appeals his judgment and sentence for resisting a law enforcement officer with force. Appellant raises several issues in this appeal, but we find merit only in his contention that the trial court erred in departing from the sentencing guidelines when imposing sentence upon him.

The trial court wrote as its sole reason for departure that appellant had been classified as a habitual offender. Habitual offender status is an invalid reason for departure from the sentencing guidelines. Whitehead v. State, 498 So. 2d 863 (Fla. 1986).

Accordingly, this case is remanded for resentencing within the guidelines. Affirmed in all other respects.

RYDER, A.C.J., and SCHOONOVER, J., concur.

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  • Silvestrini v. State, 633 So. 2d 1143 (Fla. 2d DCA 1994)
    …seoresheet, “habitual felony offender” was listed as the only reason for departure. Because habitual offender classification is not a valid reason for departure, the court must sentence Silvestrini pursuant to the guidelines on remand. Cox v. State, 507 So. 2d 740 (Fla. 2d DCA 1987). Furthermore, the court may not reconsider the habitual offender sentences it imposed for the new convictions. Under section 775.084(4)(d), Florida Statutes (1991), a habitual offender sentence “shall not be increased after such…

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