No. 86-769 | Fla. Dist. Ct. App. | Mar 10, 1987
The trial court departed from the recommended guidelines sentence of two-and-a-half to three-and-a-half years imprisonment and sentenced Albury to ten years imprisonment upon a finding that Albury was a habitual offender. In Whitehead v. State, 498 So. 2d 863" court="Fla." date_filed="1986-10-30" href="https://app.midpage.ai/document/whitehead-v-state-1739273?utm_source=webapp" opinion_id="1739273">498 So.2d 863 (Fla.1986), decided after the trial court imposed sentence on Albury, the Florida Supreme Court held that the habitual offender statute, § 775.084, Fla.Stat. (1985), is neither an alternative to guidelines sentencing nor an adequate reason for departure from the recommended guidelines sentence. Whitehead thus compels reversal of the sentence and a remand for
Reversed and remanded.