Moultrie v. State

COWART, Judge.

This is another sentencing guideline case. The departure sentence in this case was based on the adjudication of the defendant as an habitual felony offender under section 775.084, Florida Statutes. While the adjudication of habitual felony offender status was sufficient under that statute, it was not based on reasons which, independent of the defendant’s criminal record, justified a departure sentence. Therefore the departure sentence is, indirectly and in substance, inconsistent with Hendrix v. State, 475 So.2d 1218 (Fla. 1985), which disapproves a departure sentence based on…