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SHERMAN v. STATE

No. 86-948.

500 So.2d 720 (1987)

James L. SHERMAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

January 7, 1987.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and A.N. Radabaugh, Asst. Public Defender, Bartow, for appellant.

Jim Smith, Attorney General, Tallahassee, and Robert J. Landry, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

Appellant pled nolo contendere to the charge of grand theft and was sentenced to seven years in prison. The reason given for the departure from the sentencing guidelines was the determination that appellant was a habitual offender. The supreme court recently held that the habitual offender statute cannot be used as a basis for guidelines departure. Whitehead v. State, 498 So.2d 863 (Fla. 1986). Therefore, the...

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