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JONES v. STATE

No. 87-2427.

526 So.2d 173 (1988)

Johnnie Lee JONES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied June 22, 1988.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Margaret Good, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Robert S. Jaegers, Asst. Atty. Gen., West Palm Beach, for appellee.

HERSEY, Chief Judge.

Appellant was convicted of third degree murder, grand theft and leaving the scene of an accident involving death or injury. The trial court deviated from the guidelines on the basis that appellant was a habitual offender. This court reversed the departure sentence in Jones v. State, 502 So.2d 1375 (Fla. 4th DCA 1987), relying on State v. Whitehead, 498 So.2d 863

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