Cochran v. State

LEHAN, Acting Chief Judge.

We affirm defendant’s, conviction for burglary with attempt to commit assault and defendant’s sentence upon revocation of probation. We reverse and remand for resentencing with respect to defendant’s sentence for burglary with attempt to commit assault.

In sentencing defendant for burglary with attempt to commit assault the trial court departed from the guidelines recommended sentencing range on the basis that defendant was an habitual offender. Habitual offender status is not a valid reason for departure. See Whitehead v. State, 498 So.2d 863 (Fla.1986). We cannot…