MILLER v. STATE

No. 86-969.

501 So.2d 757 (1987)

William Thomas MILLER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

February 5, 1987.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Brynn Newton, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Richard B. Martell, Asst. Atty. Gen., Daytona Beach, for appellee.


PER CURIAM.

Miller appeals his conviction of burglary of a dwelling with a battery1 and his sentence which resulted in a four-bracket departure beyond the presumptive sentence recommended by the guidelines.2 We affirm the conviction, but vacate the sentence.

The sole reason for the departure in this case was Miller's habitual offender status. This is no longer a valid reason to impose a departure sentence...

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