Lofton v. State

Full title: ARNETT LOFTON, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: Jan 8, 1988

517 So. 2d 700 (Fla. Dist. Ct. App. 1988)

Opinion

No. 87-1620.

November 25, 1987. Rehearing Denied January 8, 1988.

3.850 Appeal from the Circuit Court for Marion County; Wallace E. Sturgis, Jr., Judge.

Arnett Lofton, pro se.

Robert A. Butterworth, Atty. Gen., Tallahassee, and W. Brian Bayly, Asst. Atty. Gen., Daytona Beach, for appellee.

COWART, Judge.

Appellant's departure sentence based on the habitual offender statute is vacated and this cause remanded for resentencing under the sentencing guidelines. See Frierson v. State, 511 So.2d 1016 (Fla. 5th DCA 1987) and Kersey v. State, 515 So.2d 261 (Fla. 5th DCA 1987).

REVERSED and REMANDED.

UPCHURCH, C.J., and ORFINGER, J., concur.