ARDIS HUNTER, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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ERVIN, Judge.
Appellant appeals the trial court’s departure from the recommended guideline sentence. After declaring the appellant an habitual offender, the court departed from the recommended guideline sentence of seventeen to twenty-two years and imposed three concurrent life sentences and a consecutive thirty-year sentence. We find the departure to be invalid and reverse and remand.
None of the reasons stated by the trial court are valid grounds for departure: habitual offender status, Whitehead v. State, 498 So. 2d 863 (Fla.1986); the violent nature of the crime apparently referring to victim injury, Lerma v. State, 497 So. 2d 736 (Fla.1986); and the prior record of appellant, Hendrix v. State, 475 So. 2d 1218 (Fla.1985).
The case is reversed and remanded for resentencing. On remand, the sentence imposed by the trial court must be within the recommended range provided by the guidelines. Williams v. State, 492 So. 2d 1308 (Fla.1986).
WIGGINTON and BARFIELD, JJ., concur.
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Citator
Cited By
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Trupin v. Wallquist, 605 So. 2d 1295 (Fla. 4th DCA 1992)…e parties and witnesses which present conflicting facts. On that record the trial judge was apparently persuaded by appellee’s presentation and we find no gross abuse of discretion, which, of course, is the standard. Badertscher v. Resort Interiors, 505 So. 2d 4 (Fla. 1st DCA 1986). Accordingly, the order appealed from is affirmed. WARNER, J., and OWEN, WILLIAM C., JR., Senior Judge, concur.…
Authorities Cited
- Hendrix v. State, 475 So. 2d 1218 (Fla. 1985)
- Whitehead v. State, 498 So. 2d 863 (Fla. 1986)
- Williams v. State, 492 So. 2d 1308 (Fla. 1986)
- Ervin Sharp v. State, 497 So. 2d 736 (Fla. 1st DCA 1986)