Florida District Courts of Appeal, 1991

Thierjung v. State

Thierjung v. State
Florida District Courts of Appeal · Decided March 22, 1991 · Campbell, Ryder, Schoonover
576 So. 2d 433; 1991 Fla. App. LEXIS 2629; 1991 WL 38133 (Southern Reporter, Second Series)

Thierjung v. State

Opinion of the Court

PER CURIAM.

We agree with the appellant that the first and third guidelines departure reasons given by the sentencing judge are invalid. However, the second reason which refers to an escalating course of criminal conduct has been approved as a permissible reason for departing from a guidelines recommendation. See Keys v. State, 500 So.2d 134 (Fla. 1986) and Baker v. State, 530 So.2d 402 (Fla. 1st DCA 1988).

Accordingly, we affirm the appellant’s judgments and sentences. Section 921.-001(5), Florida Statutes (1987).

SCHOONOVER, C.J., and RYDER and CAMPBELL, JJ., concur.

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