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Velazguez-Velazguez v. State

District Court of Appeal of Florida, Third District
Apr 19, 1988
523 So. 2d 774 (Fla. Dist. Ct. App. 1988)

Opinion

No. 85-2549.

April 19, 1988.

An Appeal from the Circuit Court for Dade County; Sidney Shapiro, Judge.

Bennett H. Brummer, Public Defender and Henry H. Harnage, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen. and Debora J. Turner, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and HENDRY and FERGUSON, JJ.


The defendant appeals from an upward departure sentence which was solely based, as appropriately indicated on the score sheet, Torres-Arboledo v. State, 524 So.2d 403 (Fla. 1988), on the ground that the defendant was a habitual offender. Whitehead v. State, 498 So.2d 863 (Fla. 1986), holds that this ground is insufficient and the sentence is therefore reversed on that authority. Because it would be impermissible now to rely upon any other ground for deviation, Shull v. Dugger, 515 So.2d 748 (Fla. 1987); Harris v. State, 520 So.2d 688 (Fla. 3d DCA 1988), the cause is remanded for resentencing within the guidelines.


Summaries of

Velazguez-Velazguez v. State

District Court of Appeal of Florida, Third District
Apr 19, 1988
523 So. 2d 774 (Fla. Dist. Ct. App. 1988)
Case details for

Velazguez-Velazguez v. State

Case Details

Full title:JULIO VELAZGUEZ-VELAZGUEZ, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Apr 19, 1988

Citations

523 So. 2d 774 (Fla. Dist. Ct. App. 1988)

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