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DONAHUE v. STATE

No. 85-2279.

502 So.2d 57 (1987)

Gary D. DONAHUE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

February 6, 1987.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Joel E. Grigsby, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Joseph R. Bryant, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

Appellant, Gary D. Donahue, appeals from the trial court's upward departure from the sentencing guidelines based upon the habitual offender statute, § 775.084, Fla. Stat. (1985). Sentencing pursuant to the habitual offender statute will not support departure from the guidelines. Whitehead v. State, 498 So.2d 863 (Fla. 1986).

We affirm the conviction, vacate the sentence, and remand to the trial court...

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