Lee v. State

Appellant challenges his robbery conviction, which we affirm. Appellant also challenges his sentence based on an alleged improper departure from the recommended guidelines range. We agree that the trial court’s written reasons for departure are partially invalid.

The invalid reasons for departure are appellant's habitual felony offender status, Whitehead v. State, 498 So.2d 863 (Fla.1986), and the necessity of an extended term for the protection of the public, Mitchell v. State, 513 So.2d 1122 (Fla. 4th DCA 1987). The valid reasons for depar*664ture are that the felony occurred within five years…