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MUNDAY v. STATE

No. BO-253.

513 So.2d 764 (1987)

Earl Reece MUNDAY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

October 7, 1987.

Attorney(s) appearing for the Case

T. Whitney Strickland, Jr., Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., Gregory G. Costas, Asst. Atty. Gen., Tallahassee, for appellee.

PER CURIAM.

Appellant appeals raising several issues, only one of which merits discussion. In sentencing appellant, the trial court departed from the recommended range of the guidelines, giving as one of its reasons appellant's status as a habitual offender. Subsequently, the Florida Supreme Court declared this to be an invalid reason for departure in Whitehead v. State, 498 So.2d 863 (Fla. 1986). Accordingly, the cause is...

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