Wooten v. State

Based solely on the unchallenged finding that Wooten was a habitual offender, and notwithstanding the recommended guidelines range of 5-7½ years, the trial judge sentenced him to ten years for second degree grand theft. The ten year sentence, which is the maximum permissible for a habitual offender convicted of a third degree felony, § 775.084(4)(a)3, Fla.Stat. (1985), is unauthorized under Whitehead v. State, 498 So.2d 863 (Fla.1986). On the other hand, as in Condiles v. State, 512 So.2d 331 (Fla. 3d DCA 1987), we reject the defendant’s contention that the habitual offender statute may not…