Citations
- 528 So. 2d 1308
Full opinion text
PER CURIAM.
The trial judge departed upward from the guidelines range in this case for the sole reason that appellant was found to be a habitual felony offender. In Whitehead v. State, 498 So.2d 863 (Fla.1986), the supreme court held that habitual offender status cannot be used as a reason for departure from the guidelines. We, therefore, reverse the sentence herein and remand for resentencing within the suggested guidelines range, including the option to “bump-up” for violation of probation.
LEHAN, A.C.J., and THREADGILL and PARKER, JJ., concur.