GILMORE v. STATE

No. 87-1248.

528 So.2d 416 (1988)

Barry Paul GILMORE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied July 13, 1988.


Attorney(s) appearing for the Case

Ronald S. Lowy of Law Offices of Nevel & Lowy, Miami Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Carol M. Dittmar, Asst. Atty. Gen., Tampa, for appellee.


PER CURIAM.

Barry Paul Gilmore appeals the denial of his motion to correct sentence. Gilmore contends he was sentenced illegally because the trial judge departed from the recommended guideline sentence for the sole reason that Gilmore was an habitual offender. Gilmore did not appeal his departure sentence. Subsequently, our supreme court decided Whitehead v. State, 498 So.2d 863 (Fla. 1986), which held that the habitual offender...

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