Opinion
No. 89-337.
June 20, 1989.
An Appeal from the Circuit Court for Monroe County; Richard G. Payne, Judge.
Bennett H. Brummer, Public Defender, and N. Joseph Durant, Jr., Asst. Public Defender, for appellant.
Robert A. Butterworth, Atty. Gen., and Mark S. Dunn, Asst. Atty. Gen., for appellee.
Before NESBITT, JORGENSON and GERSTEN, JJ.
CONFESSION OF ERROR
Defendant appeals his sentence, which exceeds the guidelines sentencing range. The trial court departed from the sentencing guidelines for the sole reason that the defendant was an habitual offender. Having reviewed the record and upon the State's confession of error, we reverse the sentence appealed and remand the cause with directions to sentence the defendant within the guidelines range. State v. Brown, 530 So.2d 51 (Fla. 1988).
Reversed and remanded.