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Taylor v. State

District Court of Appeal of Florida, Fifth District
Feb 10, 1987
502 So. 2d 24 (Fla. Dist. Ct. App. 1987)

Opinion

No. 86-740.

December 31, 1986. Rehearing Denied February 10, 1987.

Appeal from the Circuit Court, Orange County, Emerson R. Thompson, Jr., J.

James B. Gibson, Public Defender, and Nancye R. Crouch, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and W. Brian Bayly, Asst. Atty. Gen., Daytona Beach, for appellee.


It is reversible error to impose a departure sentence under the sentencing guidelines without an accompanying written statement delineating reasons for the departure. Fla.R.Crim.P. 3.701(d)11.; State v. Jackson, 478 So.2d 1054 (Fla. 1985). Also, the habitual offender statute, section 775.084, Florida Statutes (1985), may not be used as a basis for a departure sentence. Whitehead v. State, 498 So.2d 863, (Fla. 1986); Vicknair v. State, 483 So.2d 896 (Fla. 5th DCA), aff'd, 498 So.2d 416 (Fla. 1986). Accordingly, we vacate the defendant's sentence and remand this case for resentencing.

SENTENCE VACATED; CAUSE REMANDED.

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


Summaries of

Taylor v. State

District Court of Appeal of Florida, Fifth District
Feb 10, 1987
502 So. 2d 24 (Fla. Dist. Ct. App. 1987)
Case details for

Taylor v. State

Case Details

Full title:ALAN TAYLOR, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fifth District

Date published: Feb 10, 1987

Citations

502 So. 2d 24 (Fla. Dist. Ct. App. 1987)