Brooks v. State

NIMMONS, Judge.

The appellant was sentenced as an habitual offender under Section 775.084, Florida Statutes, prior to the Supreme Court’s decision in Whitehead v. State, 498 So.2d 863 (Fla.1986). Appellant was sentenced in excess of the sentencing guidelines on multiple third degree felonies. The only justification given for guidelines departure was the Court’s finding that the appellant satisfied the criteria as an habitual offender and that it was necessary for the protection of the public from further criminal activity by the appellant to impose an extended term under Section 775.084.

The…