Tyson v. State

District Court of Appeal of Florida

Tyson v. State

504 So. 2d 791, 12 Fla. L. Weekly 903, 1987 Fla. App. LEXIS 7457

CourtDistrict Court of Appeal of Florida

DecidedApril 1, 1987

DocketNo. 4-86-1057

StatusPublished

Cited by2 cases

This text of 504 So. 2d 791 (Tyson 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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Tyson v. State, 504 So. 2d 791, 12 Fla. L. Weekly 903, 1987 Fla. App. LEXIS 7457 (Fla. Ct. App. 1987).

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Opinion

PER CURIAM.

The conviction appealed from is affirmed in all respects.

While we find no error demonstrated in the trial court’s resorting to use of the habitual offender statute in sentencing appellant, that statute cannot be used as a basis for departure from the sentence authorized by the sentencing guidelines. Whitehead v. State, 498 So.2d 863 (Fla.1986). Furthermore, the trial court failed to set forth in writing its grounds for departure from the guidelines.

Accordingly, the sentence is reversed and the cause is remanded to the trial court for resentencing according to law.

HERSEY, C.J., and DOWNEY and GUNTHER, JJ., concur.

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