NEWLAND v. STATE

No. 86-190.

508 So.2d 486 (1987)

Pedro NEWLAND, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

June 9, 1987.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and William Castro, Sp. Asst. Public Defender, and John H. Lipinski, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Mark S. Dunn, Asst. Atty. Gen., for appellee.

Before BARKDULL, NESBITT and DANIEL S. PEARSON, JJ.


PER CURIAM.

Newland appeals from the imposition of a sentence outside of that recommended by the sentencing guidelines. The trial judge relied upon three reasons in deciding to depart from the guidelines. The state has conceded that two of the reasons are invalid, but maintains that the third reason, that Newland has demonstrated an escalating pattern of criminal activity, is a valid basis for departure and that the trial judge would have departed even absent the...

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