Harrelson
v.
State

Not overruled or negatively treated on appealinfoCoverage
District Court of Appeal of Florida, Third DistrictJan 6, 1987
499 So. 2d 939 (Fla. Dist. Ct. App. 1987)

No. 86-1797.

January 6, 1987.

An Appeal from the Circuit Court for Dade County; Steven D. Robinson, Judge.

Bennett H. Brummer, Public Defender, and Nevel Lowy and Ronald S. Lowy, Sp. Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Richard L. Polin, Asst. Atty. Gen., for appellee.

Before BARKDULL, HENDRY and DANIEL S. PEARSON, JJ.


Because Whitehead v. State, 498 So.2d 863 (Fla. 1986) (decided after sentence was pronounced in the present case), holds that the habitual offender statute cannot be used as an alternative to guidelines sentencing, the State has conceded that the defendant is entitled to be resentenced. Accordingly, the sentence is reversed and the cause remanded for resentencing.

Reversed and remanded.