Florida District Courts of Appeal, 1995

Williams v. State

Williams v. State
Florida District Courts of Appeal · Decided May 10, 1995 · Klein, Polen, Stone
654 So. 2d 1240; 1995 Fla. App. LEXIS 5023; 1995 WL 270915 (Southern Reporter, Second Series)

Williams v. State

Opinion of the Court

PER CURIAM.

AFFIRMED.

POLEN and KLEIN, JJ., concur. STONE, J., concurs specially with opinion.

Concurring Opinion

STONE, Judge,

concurring specially.

I concur specially to note that in my judgment, a record of prior misdemeanors alone should not be permitted to serve as a basis for deviating from the sentencing guidelines on the grounds of an escalating pattern of criminal conduct. However, I acknowledge that we have previously recognized, albeit indirectly, that the commission of a single felony following a misdemeanor record may furnish sufficient basis for finding a pattern of increasingly serious activity. See Darrisaw v. State, 642 So.2d 615 (Fla. 4th DCA 1994), rev. granted, 650 So.2d 991 (Fla. 1995).

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