Howard v. State

FRANK D. UPCHURCH, Jr., Judge.

Victor Howard appeals from a judgment and sentence for battery on a law enforcement officer contending that the trial court erred in sentencing him. The court departed from the recommended sentence of community control or twelve to thirty months incarceration and sentenced Howard to ten years imprisonment on the basis that he was an habitual felony offender.

This court has held that classification as an habitual felony offender constitutes a clear and convincing reason to deviate from the recommended sentence under Florida Rule of Criminal Procedure 3.701. Smith…