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BRINTLEY v. STATE

No. 92-00798.

596 So.2d 1270 (1992)

Freeman BRINTLEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

April 17, 1992.

PER CURIAM.

Affirmed.

DANAHY, A.C.J., and LEHAN, J., concur.

PATTERSON, J., concurs specially.

PATTERSON, Judge, concurring specially.

I concur because invalid guideline departure criteria cannot be attacked in a motion to correct a sentence if not raised on direct appeal. See Trimble v. State, 511 So.2d 403 (Fla. 2d DCA 1987). Relying on the habitual offender statute, the trial court departed...

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