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HARRIS v. STATE

No. 87-891.

520 So.2d 688 (1988)

Christopher HARRIS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

March 1, 1988.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and N. Joseph Durant, Jr., Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen. and Ralph Barreira, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and HENDRY and NESBITT, JJ.

SCHWARTZ, Chief Judge.

In 1986, Harris was sentenced in excess of the guidelines. The sole reason assigned for departure was that he had been adjudicated a habitual offender. Subsequently, Whitehead v. State, 498 So.2d 863 (Fla. 1986), determined that this was an insufficient ground. Accordingly, in Harris v. State, 499 So.2d 48, 49 (Fla.3d DCA 1986), we reversed

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