Home/District Court of Appeal of Florida/Whitaker v. State

Whitaker v. State

524 So. 2d 1123, 13 Fla. L. Weekly 1106, 1988 Fla. App. LEXIS 1964, 1988 WL 47263
CourtDistrict Court of Appeal of Florida
DecidedMay 11, 1988
DocketNo. 87-1475
StatusPublished

This text of 524 So. 2d 1123 (Whitaker 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
Whitaker v. State, 524 So. 2d 1123, 13 Fla. L. Weekly 1106, 1988 Fla. App. LEXIS 1964, 1988 WL 47263 (Fla. Ct. App. 1988).

Opinion

NIMMONS, Judge.

This is an appeal from an upward departure sentence. The trial court gave the following reasons for departure:

1. The Defendant, by separate Order of this date, has been declared a habitual offender and that a sentence exceeding [1124]*1124the guidelines is necessary for the protection of the public.
2.The Defendant’s past criminal record indicates that he will continue a life of crime and there is no reason and hope of rehabilitation.

The first reason is invalid. Whitehead v. State, 498 So.2d 863 (Fla.1986); Mitchell v. State, 513 So.2d 1122 (Fla. 4th DCA 1987); Young v. State, 489 So.2d 199 (Fla. 2nd DCA 1986); Gales v. State, 515 So.2d 431 (Fla. 4th DCA 1987). The second reason is also invalid. Hendrix v. State, 475 So.2d 1218 (Fla.1985); Whitehead v. State, supra; Montalvo v. State, 520 So.2d 292 (Fla. 2nd DCA 1987); Broomhead v. State, 497 So.2d 734 (Fla. 2nd DCA 1986); Coleman v. State, 515 So.2d 313 (Fla. 2nd DCA 1987); Coleman v. State, 521 So.2d 265 (Fla. 2nd DCA 1988).

The sentence is therefore reversed and the cause is remanded to the trial court for resentencing within the guidelines range.

SMITH, C.J., and BOOTH, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Young v. State
489 So. 2d 199 (District Court of Appeal of Florida, 1986)
Mitchell v. State
513 So. 2d 1122 (District Court of Appeal of Florida, 1987)
Broomhead v. State
497 So. 2d 734 (District Court of Appeal of Florida, 1986)
Whitehead v. State
498 So. 2d 863 (Supreme Court of Florida, 1986)
Coleman v. State
521 So. 2d 265 (District Court of Appeal of Florida, 1988)
Montalvo v. State
520 So. 2d 292 (District Court of Appeal of Florida, 1987)
Hendrix v. State
475 So. 2d 1218 (Supreme Court of Florida, 1985)
Gales v. State
515 So. 2d 431 (District Court of Appeal of Florida, 1987)
Coleman v. State
515 So. 2d 313 (District Court of Appeal of Florida, 1987)

Cite This Page — Counsel Stack

Bluebook (online)
524 So. 2d 1123, 13 Fla. L. Weekly 1106, 1988 Fla. App. LEXIS 1964, 1988 WL 47263, Counsel Stack Legal Research, https://law.counselstack.com/opinion/whitaker-v-state-fladistctapp-1988.