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ALBURY v. STATE

No. 86-769.

503 So.2d 460 (1987)

Samuel ALBURY, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

March 10, 1987.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Marti Rothenberg, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Calvin L. Fox, Asst. Atty. Gen., for appellee.

Before BASKIN and DANIEL S. PEARSON and FERGUSON, JJ.

PER CURIAM.

The trial court departed from the recommended guidelines sentence of two-and-a-half to three-and-a-half years imprisonment and sentenced Albury to ten years imprisonment upon a finding that Albury was a habitual offender. In Whitehead v. State, 498 So.2d 863 (Fla. 1986), decided after the trial court imposed sentence on Albury, the Florida Supreme Court held that the habitual offender statute, § 775.084,...

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