Floyd v. State

Appellant challenges a five (5) year sentence imposed after violation of probation. The transcript of the sentencing hearing reflects that appellant was adjudicated an habitual offender even though the written judgment (apparently incorrectly) does not so reflect.1 In disposing of the appellant’s several cases at the sentencing hearing, it appears that no one noticed that this particular case fell within the ambit of the rule in Whitehead v. State, 498 So.2d 863 (Fla.1986) which, prior to the 1988 amendment to section 775.084, Florida Statutes, required written reasons for departure in order…