
    Robert ADAMS a/k/a Robert Moss, Appellant, v. STATE of Florida, Appellee.
    No. 4-86-0797.
    District Court of Appeal of Florida, Fourth District.
    April 15, 1987.
    Rehearing Denied April 29, 1987.
    Richard L. Jorandby, Public Defender, and Thomas F. Ball, III, Asst. Public Defender, West Palm Beach, for appellant.
    Robert A. Butterworth, Jr., Atty. Gen., Tallahassee, and Deborah Guller, Asst. Atty. Gen., West Palm Beach, for appellee.
   PER CURIAM.

The trial court did not err in denying the appellant’s motion for a mistrial. We do, therefore, affirm the conviction of appellant for battery upon a law enforcement officer.

The trial court erred in departing from the sentencing guidelines solely on the ground that appellant is a habitual offender. See Whitehead v. State, 498 So.2d 863 (Fla.1986); Albritton v. State, 476 So.2d 158 (Fla.1985). We do, therefore, reverse appellant’s sentence and remand for resen-tencing.

Affirmed in part, reversed in part, and remanded.

ANSTEAD, WALDEN and STONE, JJ., concur.  