Albritton v. State

497 So. 2d 1329, 11 Fla. L. Weekly 2484, 1986 Fla. App. LEXIS 10859
Procedural entryThis page is a short order in Albritton v. State. Read the opinion of the Court — 458 So. 2d 320
District Court of Appeal of Florida·Decided November 26, 1986·No. No. 85-572·Published

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

497 So. 2d 1329 (Albritton v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Whitehead v. State
498 So. 2d 863 (Supreme Court of Florida, 1986)