Tyson v. State

Full title: IRA C. TYSON, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: Apr 1, 1987

504 So. 2d 791 (Fla. Dist. Ct. App. 1987)

Opinion

No. 4-86-1057.

April 1, 1987.

Appeal from the Circuit Court, Broward County, Stanton S. Kaplan, J.

Richard L. Jorandby, Public Defender, and Anthony Calvello, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Jr., Atty. Gen., Tallahassee, and Richard G. Bartmon, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

The conviction appealed from is affirmed in all respects.

While we find no error demonstrated in the trial court's resorting to use of the habitual offender statute in sentencing appellant, that statute cannot be used as a basis for departure from the sentence authorized by the sentencing guidelines. Whitehead v. State, 498 So.2d 863 (Fla. 1986). Furthermore, the trial court failed to set forth in writing its grounds for departure from the guidelines.

Accordingly, the sentence is reversed and the cause is remanded to the trial court for resentencing according to law.

HERSEY, C.J., and DOWNEY and GUNTHER, JJ., concur.