Opinion
No. 87-155.
August 3, 1988.
Appeal from the Circuit Court for Hillsborough County; Donald C. Evans, Judge.
James Marion Moorman, Public Defender, and A. Anne Owens, Asst. Public Defender, Bartow, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and William I. Munsey, Jr., Asst. Atty. Gen., Tampa, for appellee.
The trial judge departed upward from the guidelines range in this case for the sole reason that appellant was found to be a habitual felony offender. In Whitehead v. State, 498 So.2d 863 (Fla. 1986), the supreme court held that habitual offender status cannot be used as a reason for departure from the guidelines. We, therefore, reverse the sentence herein and remand for resentencing within the suggested guidelines range, including the option to "bump-up" for violation of probation.
LEHAN, A.C.J., and THREADGILL and PARKER, JJ., concur.