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STERLING v. STATE

No. 88-2686.

547 So.2d 1301 (1989)

Bobby Gene STERLING, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

August 31, 1989.

Attorney(s) appearing for the Case

Michael E. Allen, Public Defender, and David A. Davis, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Carolyn J. Mosley, Asst. Atty. Gen., for appellee.

ERVIN, Judge.

Bobby Gene Sterling, Jr., appeals from the upward departure sentence imposed upon him for his conviction for unlawful sale or delivery of cocaine. He contends that all four reasons given for the departure were invalid. We disagree and affirm.

We agree with appellant that three of the four reasons given were invalid. Habitual offender status may not be used as a reason to depart. See Winters v. State, 522 So.2d 816

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