Legal Opinion

Wade v. State

District Court of Appeal of Florida

Decided October 21, 1987No. 86-878PublishedCited by 4 opinions

1Per curiam

The appellant, Geraldine Wade, seeks review of the trial court’s judgment and sentence. We affirm the judgment, but reverse the sentence imposed.

The trial court departed from the recommended guidelines range based solely upon the appellant’s classification as a habitual offender. Subsequent to the trial court’s imposition of sentence, the Florida Supreme Court held that a defendant’s habitual offender status is an improper reason to depart from the sentencing guidelines. See Whitehead v. State, 498 So.2d 863 (Fla.1986).

We, accordingly, reverse the trial court’s sentence and remand for…

2Cases cited1 opinion

  1. Whitehead v. StateSupreme Court of Florida · 1986

3Cited by4 opinions

  1. Shull v. DuggerSupreme Court of Florida · 1987
  2. Reginald L. Bryant v. State of FloridaSupreme Court of Florida · 2014
  3. Patterson v. StateDistrict Court of Appeal of Florida · 1989
  4. Reginald L. Bryant v. State of FloridaSupreme Court of Florida · 2014

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