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Lewis v. State

District Court of Appeal of Florida, Fifth District
Mar 15, 1990
558 So. 2d 170 (Fla. Dist. Ct. App. 1990)

Opinion

No. 89-258.

March 15, 1990.

Appeal from the Circuit Court, Volusia County, John W. Watson, III, J.

James B. Gibson, Public Defender and Brynn Newton, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee and Bonnie Jean Parrish, Asst. Atty. Gen., Daytona Beach, for appellee.


This is an appeal from a guideline departure sentence. With one exception, the reasons given for departure were based on probation violations and are invalid. Lambert v. State, 545 So.2d 838 (Fla. 1989); Ree v. State, 14 F.L.W. 565 (Fla. Nov. 16, 1989). The trial court also based departure on a "continuous and persistent and escalating pattern of criminal conduct" consisting of the commission of sale of cocaine offenses twice in a seven month period. This conduct does not constitute the escalating or persistent pattern of criminal conduct adequate to form a basis for departure. Maddox v. State, 553 So.2d 1380, 1382 (Fla. 5th DCA 1989). Accordingly, the defendant's sentence in Case No. 88-8113 is vacated and the cause remanded for resentencing within the guidelines. The defendant's sentence in Case No. 88-1847 is affirmed because it does not depart from the sentencing guidelines.

Sentence AFFIRMED in part VACATED in part; case REMANDED for resentencing consistent with this opinion.

COBB and PETERSON, JJ., concur.


Summaries of

Lewis v. State

District Court of Appeal of Florida, Fifth District
Mar 15, 1990
558 So. 2d 170 (Fla. Dist. Ct. App. 1990)
Case details for

Lewis v. State

Case Details

Full title:ANGELA ANN LEWIS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fifth District

Date published: Mar 15, 1990

Citations

558 So. 2d 170 (Fla. Dist. Ct. App. 1990)

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