Cusic v. State

512 So.2d 309 (1987)

Greg Edward CUSIC, Appellant,

v.

STATE of Florida, Appellee.

No. 87-2362.

District Court of Appeal of Florida, Second District.

September 11, 1987.

Greg Edward Cusic sought post-conviction relief in the trial court. Cusic contended that he was sentenced illegally because the trial judge departed from the recommended guidelines sentence for the reason that Cusic was an habitual offender. He claims the benefit of Whitehead v. State, 498 So.2d 863 (Fla. 1986), which held that the habitual offender statute is not an exemption to the sentencing guidelines and does not furnish a basis…