Delevaux v. State

Eugene Delevaux appeals the sentence imposed upon remand. We affirm.

Delevaux was sentenced on May 8, 1996, as a habitual violent felony offender. This Court vacated Delevaux’s sentence and remanded the case for re-sentencing because the predicate offense which the trial court relied upon was insufficient to support ha-bitualization. See Delevaux v. State, 762 So.2d 1062 (Fla. 3d DCA 2000). On remand, the trial court agreed that Dele-vaux’s strong-arm robbery offense was insufficient to support habitualization and imposed an upward departure sentence based on valid departure reasons. Dele-vaux…