Brown v. State

NIMMONS, Judge.

The defendant appeals from his sentencing guidelines upward-departure sentence of life imprisonment. The sole reason given by the trial court for departure was the defendant’s adjudication as an habitual offender under Section 775.084, Florida Statutes. The judge relied expressly upon this court’s decision in Whitehead v. State, 467 So.2d 779 (Fla. 1st DCA 1985) which was, during the pendency of this appeal, reversed by the Florida Supreme Court at 498 So.2d 863 (Fla.1986).

The state, however, still urges affirmance. It argues that since the defendant was convicted of a first…