CANTY v. STATE

No. 85-1382.

497 So.2d 1330 (1986)

James Moses CANTY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

November 26, 1986.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Allen J. DeWeese, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Joan Fowler Rossin, Asst. Atty. Gen., West Palm Beach, for appellee.


PER CURIAM.

Appellant, James M. Canty, appeals his conviction and sentence for grand theft of a pickup truck. We affirm the conviction but reverse the sentence because the trial court erred in using the defendant's habitual offender status as a reason for departure from the recommended guidelines sentence. Whitehead v. State, 498 So.2d 863 (Fla. 1986). Additionally, we reverse...

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