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BOUTHNER v. STATE

No. 85-1455.

489 So.2d 784 (1986)

William M. BOUTHNER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied June 3, 1986.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Kenneth Witts, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Belle B. Turner, Asst. Atty. Gen., Daytona Beach, for appellee.

DAUKSCH, Judge.

The departure sentence in this case was based on the adjudication of the defendant as an habitual offender under section 775.084, Florida Statutes (1983). The adjudication as an habitual felony offender was based on the defendant's criminal record and current conviction which have already been factored into the recommended guideline sentence. Since there is no additional clear and convincing reason this departure sentence was inconsistent with Hendrix...

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