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Gales v. State

District Court of Appeal of Florida, Fourth District
Nov 18, 1987
515 So. 2d 431 (Fla. Dist. Ct. App. 1987)

Opinion

No. 87-1103.

November 18, 1987.

Appeal from the Circuit Court, Broward County, Robert W. Tyson, Jr., J.

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 John W. Tiedemann, Asst. Atty. Gen., West Palm Beach, for appellee.


This cause is reversed and remanded for sentencing within the guidelines. In order for an escalating pattern of criminal conduct to justify departure, the escalation must involve more than just an increase in the number of crimes. Included must be an increase in the nature and severity of the crimes. Abt v. State, 504 So.2d 548 (Fla. 4th DCA 1987). Furthermore, this Court has negated the protection of society as a valid reason for departure. Lorenzo v. State, 483 So.2d 790 (Fla. 4th DCA 1986). See also Williams v. State, 492 So.2d 1308 (Fla. 1986).

REVERSED AND REMANDED.

DOWNEY, LETTS and STONE, JJ., concur.


Summaries of

Gales v. State

District Court of Appeal of Florida, Fourth District
Nov 18, 1987
515 So. 2d 431 (Fla. Dist. Ct. App. 1987)
Case details for

Gales v. State

Case Details

Full title:TERRANCE GALES, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Nov 18, 1987

Citations

515 So. 2d 431 (Fla. Dist. Ct. App. 1987)

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