Hardimon v. State

The trial court originally departed from the sentencing guidelines based solely upon *877a finding that appellant was a habitual offender. While the appeal was pending, the defendant moved this court to relinquish jurisdiction because of the supreme court’s decision in Whitehead v. State, 498 So.2d 863 (Fla.1986), holding that a departure sentence may not be based upon habitual offender status. The motion was not opposed and was granted.

The trial court withdrew its original reason for departure, but again departed based upon the emotional trauma to the victim. We reverse and remand with…