BROWN v. STATE

No. 85-1729.

497 So.2d 887 (1986)

Vernon BROWN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

On Motion for Rehearing November 20, 1986.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Nancye R. Crouch, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Kevin Kitpatrick Carson, Asst. Atty. Gen., Daytona Beach, for appellee.


ORFINGER, Judge.

Defendant appeals from a guidelines departure sentence. Because the trial judge based the departure on an impermissible reason, we vacate the sentence and remand for resentencing.

The trial court departed from the recommended guidelines sentence of 4 1/2 to 5 1/2 years' imprisonment and ordered that defendant be incarcerated for 8 years for the sole reason that the defendant was determined to be an habitual offender under section 775.084,...

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