Adams v. State

District Court of Appeal of Florida

Adams v. State

505 So. 2d 635, 12 Fla. L. Weekly 1045, 1987 Fla. App. LEXIS 7752

CourtDistrict Court of Appeal of Florida

DecidedApril 15, 1987

DocketNo. 4-86-0797

StatusPublished

This text of 505 So. 2d 635 (Adams v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Adams v. State, 505 So. 2d 635, 12 Fla. L. Weekly 1045, 1987 Fla. App. LEXIS 7752 (Fla. Ct. App. 1987).

Pincite

Opinion

PER CURIAM.

The trial court did not err in denying the appellant’s motion for a mistrial. We do, therefore, affirm the conviction of appellant for battery upon a law enforcement officer.

The trial court erred in departing from the sentencing guidelines solely on the ground that appellant is a habitual offender. See Whitehead v. State, 498 So.2d 863 (Fla.1986); Albritton v. State, 476 So.2d 158 (Fla.1985). We do, therefore, reverse appellant’s sentence and remand for resen-tencing.

Affirmed in part, reversed in part, and remanded.

ANSTEAD, WALDEN and STONE, JJ., concur.

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