Jordan v. State

District Court of Appeal of Florida

Jordan v. State

528 So. 2d 1308, 13 Fla. L. Weekly 1851, 1988 Fla. App. LEXIS 3519, 1988 WL 80902

CourtDistrict Court of Appeal of Florida

DecidedAugust 3, 1988

DocketNo. 87-155

StatusPublished

This text of 528 So. 2d 1308 (Jordan 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

Jordan v. State, 528 So. 2d 1308, 13 Fla. L. Weekly 1851, 1988 Fla. App. LEXIS 3519, 1988 WL 80902 (Fla. Ct. App. 1988).

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Opinion

PER CURIAM.

The trial judge departed upward from the guidelines range in this case for the sole reason that appellant was found to be a habitual felony offender. In Whitehead v. State, 498 So.2d 863 (Fla.1986), the supreme court held that habitual offender status cannot be used as a reason for departure from the guidelines. We, therefore, reverse the sentence herein and remand for resentencing within the suggested guidelines range, including the option to “bump-up” for violation of probation.

LEHAN, A.C.J., and THREADGILL and PARKER, JJ., concur.

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PER CURIAM.

The trial judge departed upward from the guidelines range in this case for the sole reason that appellant was found to be a habitual felony offender. In Whitehead v. State, 498 So.2d 863 (Fla.1986), the supreme court held that habitual offender status cannot be used as a reason for departure from the guidelines. We, therefore, reverse the sentence herein and remand for resentencing within the suggested guidelines range, including the option to “bump-up” for violation of probation.

LEHAN, A.C.J., and THREADGILL and PARKER, JJ., concur.

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Bluebook (online)

528 So. 2d 1308, 13 Fla. L. Weekly 1851, 1988 Fla. App. LEXIS 3519, 1988 WL 80902, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jordan-v-state-fladistctapp-1988.

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