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Matire v. State

520 So. 2d 292, 12 Fla. L. Weekly 2240, 1987 Fla. App. LEXIS 10245, 1987 WL 659
CourtDistrict Court of Appeal of Florida
DecidedSeptember 16, 1987
DocketNo. 4-86-1361
StatusPublished
Cited by1 cases

This text of 520 So. 2d 292 (Matire 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
Matire v. State, 520 So. 2d 292, 12 Fla. L. Weekly 2240, 1987 Fla. App. LEXIS 10245, 1987 WL 659 (Fla. Ct. App. 1987).

Opinions

PER CURIAM.

We affirm the conviction. However, the state admits that in light of the holding in Whitehead v. State, 498 So.2d 863 (Fla.1986), decided subsequent to the sentencing proceedings below, a habitual offender status is not an adequate reason to depart from the sentencing guidelines. Therefore, the trial judge erred in departing from the guidelines on the basis of finding the defendant a habitual offender. Accordingly, we remand for sentencing within the guidelines range.

GLICKSTEIN and GUNTHER, JJ., and LUZZO, JOHN T., Associate Judge, concur.

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Related

Montalvo v. State
520 So. 2d 292 (District Court of Appeal of Florida, 1987)

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Bluebook (online)
520 So. 2d 292, 12 Fla. L. Weekly 2240, 1987 Fla. App. LEXIS 10245, 1987 WL 659, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matire-v-state-fladistctapp-1987.