EARNEST ZINNERMON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
EARNEST ZINNERMON, APPELLANT,
STATE OF FLORIDA, APPELLEE
511 So. 2d 716
Florida District Court of Appeal, Second District (1987)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Appellant attacks both his judgment and sentence in this appeal. We affirm the judgment. However, we find merit in the point attacking the sentence.
The trial court exceeded the guidelines for the sole reason that appellant was an habitual offender. Subsequent to the sentencing herein, the Florida Supreme Court decided Whitehead v. State, 498 So. 2d 863 (Fla.1986), holding that a departure based on habitual offender status is invalid. Consequently, we reverse the sentence herein and remand for resentencing within the guidelines. Otherwise, affirmed.
DANAHY, C.J., and CAMPBELL and THREADGILL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Zinnermon v. State, 549 So. 2d 814 (Fla. 2d DCA 1989)…and remanded the appellant’s first sentences for resentencing within the recommended guidelines range because the trial court erroneously based its departure from the recommended range on the appellant’s habitual offender status. Zinnermon v. State, 511 So. 2d 716 (Fla. 2d DCA 1987). On remand, the trial court again departed from the recommended range of twenty-two to twenty-seven years’ incarceration and sentenced the appellant to life for burglary with assault, to be served concurrently with consecutive fif…
Authorities Cited
- Whitehead v. State, 498 So. 2d 863 (Fla. 1986)