GIBSON v. STATE

No. BQ-434.

510 So.2d 1191 (1987)

Sidney Ollie GIBSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

August 12, 1987.


Attorney(s) appearing for the Case

Michael E. Allen, Public Defender, P. Douglas Brinkmeyer, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., Gary L. Printy, Asst. Atty. Gen., Tallahassee, for appellee.


SHIVERS, Judge.

Appellant Sidney Ollie Gibson contends the trial court erred in using appellant's habitual offender status as a reason for departure from the sentencing guidelines. We agree and reverse.

After a jury trial, Gibson was found guilty of dealing in stolen property, declared to be a habitual offender and sentenced to 25 years incarceration in excess of the recommended guideline range of 9-12 years. The sentence exceeds the statutory 15 —...

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