Albury v. State

District Court of Appeal of Florida

Albury v. State

503 So. 2d 460, 12 Fla. L. Weekly 732, 1987 Fla. App. LEXIS 12041

CourtDistrict Court of Appeal of Florida

DecidedMarch 10, 1987

DocketNo. 86-769

StatusPublished

Cited by4 cases

This text of 503 So. 2d 460 (Albury 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

Albury v. State, 503 So. 2d 460, 12 Fla. L. Weekly 732, 1987 Fla. App. LEXIS 12041 (Fla. Ct. App. 1987).

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Opinion

PER CURIAM.

The trial court departed from the recommended guidelines sentence of two-and-a-half to three-and-a-half years imprisonment and sentenced Albury to ten years imprisonment upon a finding that Albury was a habitual offender. In Whitehead v. State, 498 So.2d 863 (Fla.1986), decided after the trial court imposed sentence on Albury, the Florida Supreme Court held that the habitual offender statute, § 775.084, Fla.Stat. (1985), is neither an alternative to guidelines sentencing nor an adequate reason for departure from the recommended guidelines sentence. Whitehead thus compels reversal of the sentence and a remand for [461]*461resentencing within the recommended guidelines.

Reversed and remanded.

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PER CURIAM.

The trial court departed from the recommended guidelines sentence of two-and-a-half to three-and-a-half years imprisonment and sentenced Albury to ten years imprisonment upon a finding that Albury was a habitual offender. In Whitehead v. State, 498 So.2d 863 (Fla.1986), decided after the trial court imposed sentence on Albury, the Florida Supreme Court held that the habitual offender statute, § 775.084, Fla.Stat. (1985), is neither an alternative to guidelines sentencing nor an adequate reason for departure from the recommended guidelines sentence. Whitehead thus compels reversal of the sentence and a remand for [461]*461resentencing within the recommended guidelines.

Reversed and remanded.

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503 So. 2d 460, 12 Fla. L. Weekly 732, 1987 Fla. App. LEXIS 12041, Counsel Stack Legal Research, https://law.counselstack.com/opinion/albury-v-state-fladistctapp-1987.

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