Whitaker v. State

NIMMONS, Judge.

This is an appeal from an upward departure sentence. The trial court gave the following reasons for departure:

1. The Defendant, by separate Order of this date, has been declared a habitual offender and that a sentence exceeding *1124the guidelines is necessary for the protection of the public.

2.The Defendant’s past criminal record indicates that he will continue a life of crime and there is no reason and hope of rehabilitation.

The first reason is invalid. Whitehead v. State, 498 So.2d 863 (Fla.1986); Mitchell v. State, 513 So.2d 1122 (Fla. 4th DCA 1987); Young v. State, 489 So.2d…