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ZINNERMON v. STATE

No. 86-294.

511 So.2d 716 (1987)

Earnest ZINNERMON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

August 21, 1987.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, Bartow, and Allyn Giambalvo, Asst. Public Defender, Clearwater, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and William I. Munsey, Jr., Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

Appellant attacks both his judgment and sentence in this appeal. We affirm the judgment. However, we find merit in the point attacking the sentence.

The trial court exceeded the guidelines for the sole reason that appellant was an habitual offender. Subsequent to the sentencing herein, the Florida Supreme Court decided Whitehead v. State, 498 So.2d 863 (Fla. 1986), holding that a departure based on habitual...

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