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MASSARD v. STATE

No. 69173.

504 So.2d 403 (1987)

Christian Daniel MASSARD, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

March 26, 1987.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, Fifteenth Judicial Circuit, and Jeffrey L. Anderson, Asst. Public Defender, West Palm Beach, for petitioner.

Robert A. Butterworth, Atty. Gen., and Richard G. Bartmon, Asst. Atty. Gen., West Palm Beach, for respondent.

BARKETT, Justice.

We took jurisdiction of Massard v. State, 501 So.2d 1289 (Fla. 4th DCA 1986), because of express and direct conflict with Whitehead v. State, 498 So.2d 863 (Fla. 1986). Art. V, § 3(b)(3), Fla. Const.

The Fourth District, in its opinion below, held that habitual offender status was a sufficient reason to depart...

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