
    Ramon GONZALEZ, Appellant, v. The STATE of Florida, Appellee.
    No. 86-1942.
    District Court of Appeal of Florida, Third District.
    Dec. 23, 1986.
    Bennett H. Brummer, Public Defender, and Geoffrey C. Fleck, Sp. Asst. Public Defender, for appellant.
    Jim Smith, Atty. Gen., and Michele L. Crawford, Asst. Atty. Gen., for appellee.
    Before BASKIN and DANIEL S. PEARSON and FERGUSON, JJ.
   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 sufficient 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.  