GERALDINE WADE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1987-10-21
No. 86-878
SCHOONOVER, A.C.J., and LEHAN and FRANK, JJ., concur.
513 So. 2d 1358 Florida District Court of Appeal, Second District (1987) Positive Treatment
Cited by 6 cases
Topics
Sentencing Guidelines Departure Habitual Offender Sentencing

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Opinion of the Court
PER CURIAM.

PER CURIAM.

The appellant, Geraldine Wade, seeks review of the trial court’s judgment and sentence. We affirm the judgment, but reverse the sentence imposed.

The trial court departed from the recommended guidelines range based solely upon the appellant’s classification as a habitual offender. Subsequent to the trial court’s imposition of sentence, the Florida Supreme Court held that a defendant’s habitual offender status is an improper reason to depart from the sentencing guidelines. See Whitehead v. State, 498 So. 2d 863 (Fla.1986).

We, accordingly, reverse the trial court’s sentence and remand for resentencing within the recommended guidelines range. We affirm in all other respects.

Affirmed in part, reversed in part, and remanded.

SCHOONOVER, A.C.J., and LEHAN and FRANK, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

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Cited By

  • Shull v. Dugger, 515 So. 2d 748 (Fla. 1987)
    …987); 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 illegal departure was based upon only one invalid…
  • Bryant v. State, 148 So. 3d 1251 (Fla. 2014)
    …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 the guidelines merely because the illegal departur…
  • Patterson v. State, 549 So. 2d 245 (Fla. 2d DCA 1989)
    …given by the trial court for departing were invalid as well. We agree that a defendant’s habitual offender status is an improper reason to depart from the sentencing guidelines. Whitehead v. State, 498 So. 2d 863 (Fla.1986). See also Wade v. State, 513 So. 2d 1358 (Fla. 2d DCA 1987). We find, however, that the court did set forth valid reasons for departure, Williams v. State, 504 So. 2d 392 (Fla. 1987), see also Ledesma v. State, 528 So. 2d 470 (Fla. 2d DCA 1988), and the record reflects beyond a reasonable…

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