Miller v. State, 501 So. 2d 757 (Fla. 5th DCA 1987). · Go Syfert
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Miller v. State, 501 So. 2d 757 (Fla. 5th DCA 1987). Cases Citing This Book View Copy Cite
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William Thomas MILLER
v.
STATE of Florida
No. 86-969.
District Court of Appeal of Florida, Fifth District.
Feb 5, 1987.
501 So. 2d 757
James B. Gibson, Public Defender, and Brynn Newton, Asst. Public Defender, Daytona Beach, for appellant., Robert A. Butterworth, Atty. Gen., Tallahassee, and Richard B. Martell, Asst. Atty. Gen., Daytona Beach, for appellee.
Dauksch, Sharp, Upchurch.
Published
PER CURIAM.

Miller appeals his conviction of burglary of a dwelling with a battery[1] and his sentence which resulted in a four-bracket departure beyond the presumptive sentence recommended by the guidelines.[2] We affirm the conviction, but vacate the sentence.

The sole reason for the departure in this case was Miller’s habitual offender status. This is no longer a valid reason to impose a departure sentence under the guidelines.[3] Accordingly, we vacate the sentence and remand for resentencing.

AFFIRM CONVICTION; VACATE SENTENCE AND REMAND FOR RE-SENTENCING.

UPCHURCH, C.J., and DAUKSCH and SHARP, JJ., concur.
1

§ 810.02(2), Fla.Stat. (1985).

2

FIa.R.Crim.P. 3.701.

3

Whitehead v. State, 498 So.2d 863 (Fla.1986); Neeley v. State, 498 So.2d 690 (Fla. 5th DCA, 1986).