Bourgault v. State

GLICKSTEIN, Judge.

This is an appeal from an order which determines the defendant to be a habitual felon and states reasons for exceeding the sentencing guidelines. We again reverse and remand with direction to resentence the defendant within those guidelines.

The case was previously remanded to obtain written reasons for departure. Bourgault v. State, 491 So.2d 623 (Fla. 4th DCA 1986). The trial court’s order, dated September 15, 1986, was without the benefit of the subsequently decided Whitehead v. State, 498 So.2d 863 (Fla.1986), which eliminated habitual offender status as a reason for…