Sterling v. State

ERVIN, Judge.

Bobby Gene Sterling, Jr., appeals from the upward departure sentence imposed upon him for his conviction for unlawful sale or delivery of cocaine. He contends that all four reasons given for the departure were invalid. We disagree and affirm.

We agree with appellant that three of the four reasons given were invalid. Habitual offender status may not be used as a reason to depart. See Winters v. State, 522 So.2d 816 (Fla.1988); Whitehead v. State, 498 So.2d 863 (Fla.1986). While lack of rehabilitation may be a valid reason for departure in some circumstances, as applied in the…