MITCHELL v. STATE

PER CURIAM.

We affirm the appellant's conviction, but reverse the sentence imposed. The trial court gave the following reasons for departing from the recommended sentence:

(1) It was necessary to protect the public from further criminal activity by the appellant;

(2) Appellant was found as an habitual offender; and

(3) Appellant was on probation of the time of murder.

Reasons 1 and 2 are invalid. See Young v. State, 489 So.2d 199 (Fla. 2d DCA 1986); Whitehead v. State, 498 So.2d 863 (Fla. 1986). Reason 3 is also invalid. See Ashley v. State, 510 So.2d 970 (Fla. 4th DCA 1987); Atwaters v. State, 495 So.2d 1219 (Fla. 1st DCA 1986). Accordingly, we reverse and remand for resentencing.

AFFIRMED IN PART; REVERSED AND REMANDED IN PART.

HERSEY, C.J., and DOWNEY and WALDEN, JJ., concur.