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MATIRE v. STATE

No. 4-86-1361.

520 So.2d 292 (1987)

Louis MATIRE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Upon Motion for Rehearing March 2, 1988.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, Anthony Calvello, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Jr., Atty. Gen., Tallahassee, and Diane E. Leeds, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

We affirm the conviction. However, the state admits that in light of the holding in Whitehead v. State, 498 So.2d 863 (Fla. 1986), decided subsequent to the sentencing proceedings below, a habitual offender status is not an adequate reason to depart from the sentencing guidelines. Therefore, the trial judge erred in departing from the guidelines on the basis of finding the defendant a habitual offender. Accordingly...

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