Gonzalez v. State

PER CURIAM.

Subsequent to the sentencing in this case, and while this appeal was pending, the Florida Supreme Court answered the question presented, holding that a defendant's habitual offender status is not a suffi*51cient reason to depart upwards from a recommended guideline sentence. Whitehead v. State, 498 So.2d 863 (Fla.1986). We treat the State’s motion to remand for correction of sentence as a confession of error.

Reversed and remanded.