Albritton v. State

District Court of Appeal of Florida

Albritton v. State

497 So. 2d 1329, 11 Fla. L. Weekly 2484, 1986 Fla. App. LEXIS 10859

CourtDistrict Court of Appeal of Florida

DecidedNovember 26, 1986

DocketNo. 85-572

StatusPublished

This text of 497 So. 2d 1329 (Albritton 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.

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Albritton v. State, 497 So. 2d 1329, 11 Fla. L. Weekly 2484, 1986 Fla. App. LEXIS 10859 (Fla. Ct. App. 1986).

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Opinion

PER CURIAM.

Appellant, James Norman Albritton, appeals his conviction and sentence for three counts of rape. We affirm the conviction but vacate the sentence and remand for resentencing because the trial court erred in using Albritton’s habitual offender status as a reason for departure from the recommended guidelines sentence. Whitehead v. State, 498 So.2d 863 (Fla.1986).

AFFIRMED IN PART; REVERSED IN PART, AND REMANDED FOR RESEN-TENCING.

GLICKSTEIN, DELL and GUNTHER, JJ., concur.

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PER CURIAM.

Appellant, James Norman Albritton, appeals his conviction and sentence for three counts of rape. We affirm the conviction but vacate the sentence and remand for resentencing because the trial court erred in using Albritton’s habitual offender status as a reason for departure from the recommended guidelines sentence. Whitehead v. State, 498 So.2d 863 (Fla.1986).

AFFIRMED IN PART; REVERSED IN PART, AND REMANDED FOR RESEN-TENCING.

GLICKSTEIN, DELL and GUNTHER, JJ., concur.

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497 So. 2d 1329, 11 Fla. L. Weekly 2484, 1986 Fla. App. LEXIS 10859, Counsel Stack Legal Research, https://law.counselstack.com/opinion/albritton-v-state-fladistctapp-1986.

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