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HOLMES v. STATE

No. BM-177.

502 So.2d 1302 (1987)

Horace Lee HOLMES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

February 23, 1987.

Attorney(s) appearing for the Case

Michael E. Allen, Public Defender, and Carl S. McGinnes, Asst. Public Defender, Tallahassee, for appellant.

Jim Smith, Atty. Gen., and Gregory G. Costas, Asst. Atty. Gen., Tallahassee, for appellee.

BARFIELD, Judge.

Appellant contends the trial court erred in two respects. First, it erred in determining him to be an habitual offender. Second, it erred in basing a departure sentence on the habitual offender findings.

Departure based on the habitual offender findings is invalid. Whitehead v. State, 498 So.2d 863 (Fla. 1986).

The first issue requires further consideration as it would permit the trial court...

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