Reynolds v. State

Full title: HUBERT J. REYNOLDS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: Jan 8, 1987

499 So. 2d 864 (Fla. Dist. Ct. App. 1987)

Opinion

No. 86-215.

December 4, 1986. Rehearing Denied January 8, 1987.

Appeal from the Circuit Court for St. Johns County; Richard O. Watson, Judge.

Hubert J. Reynolds, pro se.

Jim Smith, Atty. Gen., Tallahassee, and Belle B. Turner, Asst. Atty. Gen., Daytona Beach, for appellee.

James B. Gibson, Public Defender, James R. Wulchak, Asst. Public Defender, Daytona Beach, for appellant.

DAUKSCH, Judge.

This is an appeal from a sentencing guidelines departure. The trial judge departed upwards because the defendant is an habitual offender. This is not a sufficient reason for departure. Whitehead v. State, 498 So.2d 863 (Fla. 1986).

SENTENCE QUASHED; REVERSED.

UPCHURCH, C.J., and COBB, J., concur.