Zinnermon v. State

District Court of Appeal of Florida

Zinnermon v. State

511 So. 2d 716, 12 Fla. L. Weekly 2063, 1987 Fla. App. LEXIS 10012

CourtDistrict Court of Appeal of Florida

DecidedAugust 21, 1987

DocketNo. 86-294

StatusPublished

Cited by1 cases

This text of 511 So. 2d 716 (Zinnermon 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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Zinnermon v. State, 511 So. 2d 716, 12 Fla. L. Weekly 2063, 1987 Fla. App. LEXIS 10012 (Fla. Ct. App. 1987).

Pincite

Opinion

PER CURIAM.

Appellant attacks both his judgment and sentence in this appeal. We affirm the judgment. However, we find merit in the point attacking the sentence.

The trial court exceeded the guidelines for the sole reason that appellant was an habitual offender. Subsequent to the sentencing herein, the Florida Supreme Court decided Whitehead v. State, 498 So.2d 863 (Fla.1986), holding that a departure based on habitual offender status is invalid.

[717]*717Consequently, we reverse the sentence herein and remand for resentencing within the guidelines. Otherwise, affirmed.

DANAHY, C.J., and CAMPBELL and THREADGILL, JJ., concur.

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