Donahue v. State

District Court of Appeal of Florida

Donahue v. State

502 So. 2d 57, 12 Fla. L. Weekly 467, 1987 Fla. App. LEXIS 6620

CourtDistrict Court of Appeal of Florida

DecidedFebruary 6, 1987

DocketNo. 85-2279

StatusPublished

Cited by2 cases

This text of 502 So. 2d 57 (Donahue 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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Donahue v. State, 502 So. 2d 57, 12 Fla. L. Weekly 467, 1987 Fla. App. LEXIS 6620 (Fla. Ct. App. 1987).

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Opinion

PER CURIAM.

Appellant, Gary D. Donahue, appeals from the trial court’s upward departure from the sentencing guidelines based upon the habitual offender statute, § 775.084, Fla.Stat. (1985). Sentencing pursuant to the habitual offender statute will not support departure from the guidelines. Whitehead v. State, 498 So.2d 863 (Fla.1986).

We affirm the conviction, vacate the sentence, and remand to the trial court for resentencing within the guidelines. The trial court may depart if there are valid reasons for departure other than treating Donahue as a habitual offender. See Bell v. State, 500 So.2d 217 (Fla. 1st DCA 1986).

RYDER, A.C.J., and LEHAN and FRANK, JJ., concur.

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PER CURIAM.

Appellant, Gary D. Donahue, appeals from the trial court’s upward departure from the sentencing guidelines based upon the habitual offender statute, § 775.084, Fla.Stat. (1985). Sentencing pursuant to the habitual offender statute will not support departure from the guidelines. Whitehead v. State, 498 So.2d 863 (Fla.1986).

We affirm the conviction, vacate the sentence, and remand to the trial court for resentencing within the guidelines. The trial court may depart if there are valid reasons for departure other than treating Donahue as a habitual offender. See Bell v. State, 500 So.2d 217 (Fla. 1st DCA 1986).

RYDER, A.C.J., and LEHAN and FRANK, JJ., concur.

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502 So. 2d 57, 12 Fla. L. Weekly 467, 1987 Fla. App. LEXIS 6620, Counsel Stack Legal Research, https://law.counselstack.com/opinion/donahue-v-state-fladistctapp-1987.

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