Albritton v. State

PER CURIAM.

Appellant, James Norman Albritton, appeals his conviction and sentence for three counts of rape. We affirm the conviction but vacate the sentence and remand for resentencing because the trial court erred in using Albritton’s habitual offender status as a reason for departure from the recommended guidelines sentence. Whitehead v. State, 498 So.2d 863 (Fla.1986).

AFFIRMED IN PART; REVERSED IN PART, AND REMANDED FOR RESEN-TENCING.

GLICKSTEIN, DELL and GUNTHER, JJ., concur.