Opinion
No. 86-740.
December 31, 1986. Rehearing Denied February 10, 1987.
Appeal from the Circuit Court, Orange County, Emerson R. Thompson, Jr., J.
James B. Gibson, Public Defender, and Nancye R. Crouch, Asst. Public Defender, Daytona Beach, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and W. Brian Bayly, Asst. Atty. Gen., Daytona Beach, for appellee.
It is reversible error to impose a departure sentence under the sentencing guidelines without an accompanying written statement delineating reasons for the departure. Fla.R.Crim.P. 3.701(d)11.; State v. Jackson, 478 So.2d 1054 (Fla. 1985). Also, the habitual offender statute, section 775.084, Florida Statutes (1985), may not be used as a basis for a departure sentence. Whitehead v. State, 498 So.2d 863, (Fla. 1986); Vicknair v. State, 483 So.2d 896 (Fla. 5th DCA), aff'd, 498 So.2d 416 (Fla. 1986). Accordingly, we vacate the defendant's sentence and remand this case for resentencing.
SENTENCE VACATED; CAUSE REMANDED.
UPCHURCH, C.J., and ORFINGER and COWART, JJ., concur.