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Munday v. State

District Court of Appeal of Florida, First District
Oct 7, 1987
513 So. 2d 764 (Fla. Dist. Ct. App. 1987)

Opinion

No. BO-253.

October 7, 1987.

An appeal from the Circuit Court for Wakulla County; George L. Harper, Judge.

T. Whitney Strickland, Jr., Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., Gregory G. Costas, Asst. Atty. Gen., Tallahassee, for appellee.


Appellant appeals raising several issues, only one of which merits discussion. In sentencing appellant, the trial court departed from the recommended range of the guidelines, giving as one of its reasons appellant's status as a habitual offender. Subsequently, the Florida Supreme Court declared this to be an invalid reason for departure in Whitehead v. State, 498 So.2d 863 (Fla. 1986). Accordingly, the cause is remanded to the trial court for resentencing. Albritton v. State, 476 So.2d 158 (Fla. 1985).

SMITH, C.J., and WENTWORTH and JOANOS, JJ., concur.


Summaries of

Munday v. State

District Court of Appeal of Florida, First District
Oct 7, 1987
513 So. 2d 764 (Fla. Dist. Ct. App. 1987)
Case details for

Munday v. State

Case Details

Full title:EARL REECE MUNDAY, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Oct 7, 1987

Citations

513 So. 2d 764 (Fla. Dist. Ct. App. 1987)