State v. Moultrie

Supreme Court of Florida

State v. Moultrie

503 So. 2d 892, 12 Fla. L. Weekly 98, 1987 Fla. LEXIS 2698

CourtSupreme Court of Florida

DecidedFebruary 5, 1987

DocketNo. 68945

StatusPublished

This text of 503 So. 2d 892 (State v. Moultrie) is published on Counsel Stack Legal Research, covering Supreme Court 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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State v. Moultrie, 503 So. 2d 892, 12 Fla. L. Weekly 98, 1987 Fla. LEXIS 2698 (Fla. 1987).

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Opinion

EHRLICH, Justice.

We have for review Moultrie v. State, 488 So.2d 558 (Fla. 5th DCA 1986), which expressly and directly conflicts with decisions of other district courts of appeal on the issue of whether habitual offender status, under section 775.084, Florida Statutes (1985), is a valid reason for departure from a presumptive guidelines sentence. We have jurisdiction. Art. V, § 3(b)(3), Fla.Const.

Consistent with our recent decision in Whitehead v. State, 498 So.2d 863 (Fla.1986), the district court below held that it is not. Accordingly, on the authority of Whitehead, we approve the decision below.

It is so ordered.

[893]*893McDONALD, C.J., SHAW and BARKETT, JJ., and ADKINS, J. (Ret.),.. concur. OVERTON, J., dissents.

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