Florida District Courts of Appeal, 1986

Brown v. State

Brown v. State
Florida District Courts of Appeal · Decided February 27, 1986 · Cobb, Orfinger, Wart
483 So. 2d 857; 11 Fla. L. Weekly 521; 1986 Fla. App. LEXIS 6600 (Southern Reporter, Second Series)

Brown v. State

Opinion of the Court

PER CURIAM.

We reverse the departure sentence imposed herein for the reason that the record in this case does not support the trial court’s finding that the defendant was engaged in an “escalating pattern of criminal behavior.” The sentence is vacated and the case is remanded for resentencing in accordance with the guidelines, absent clear and convincing reasons for departure.

SENTENCE VACATED. REMANDED.

COBB, C.J., and ORFINGER and CO-WART, JJ., concur.

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