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Massard v. StateMassard v. State

Supreme Court of Florida
Mar 26, 1987
No. 69173
Versions:504 So. 2d 403
12 Fla. L. Weekly 150
1987 Fla. LEXIS 1698
BARKETT, Justice.

We took jurisdiction of Massard v. State, 501 So.2d 1289 (Fla. 4th DCA 1986), because of express and direct conflict with *404Whitehead v. State, 498 So.2d 868 (Fla.1986). Art. V, § 3(b)(3), Fla. Const.

The Fourth District, in its opinion below, held that habitual offender status was a sufficient reason to depart from the guidelines. We subsequently held that this is not a permissible reason to depart. Whitehead, 498 So.2d at 867. Since the district court remanded for resentencing and the trial court now has the benefit of our decision in Whitehead, there is no need for our review.

Accordingly, the petition for review is dismissed.

It is so ordered.

McDonald, C.J„ and OVERTON, EHRLICH, SHAW, GRIMES and KOGAN, JJ., concur.

Case Details

Case Name: Massard v. State
Court Name: Supreme Court of Florida
Date Published: Mar 26, 1987
Citations: 504 So. 2d 403; 12 Fla. L. Weekly 150; 1987 Fla. LEXIS 1698; No. 69173
Docket Number: No. 69173
Court Abbreviation: Fla.
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