Wade v. State

District Court of Appeal of Florida

Wade v. State

513 So. 2d 1358, 12 Fla. L. Weekly 2468, 1987 Fla. App. LEXIS 10693

CourtDistrict Court of Appeal of Florida

DecidedOctober 21, 1987

DocketNo. 86-878

StatusPublished

Cited by4 cases

This text of 513 So. 2d 1358 (Wade 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

Wade v. State, 513 So. 2d 1358, 12 Fla. L. Weekly 2468, 1987 Fla. App. LEXIS 10693 (Fla. Ct. App. 1987).

Pincite

Opinion

PER CURIAM.

The appellant, Geraldine Wade, seeks review of the trial court’s judgment and sentence. We affirm the judgment, but reverse the sentence imposed.

The trial court departed from the recommended guidelines range based solely upon the appellant’s classification as a habitual offender. Subsequent to the trial court’s imposition of sentence, the Florida Supreme Court held that a defendant’s habitual offender status is an improper reason to depart from the sentencing guidelines. See Whitehead v. State, 498 So.2d 863 (Fla.1986).

We, accordingly, reverse the trial court’s sentence and remand for resentencing within the recommended guidelines range. We affirm in all other respects.

Affirmed in part, reversed in part, and remanded.

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

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