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BRAXTON v. STATE

No. 87-1470.

537 So.2d 713 (1989)

Charles BRAXTON, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

February 3, 1989.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and A. Anne Owens, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Joseph R. Bryant, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

The trial judge gave four reasons for departing upward from the recommended guidelines sentence in this case. We find only one of the reasons (escalating pattern of criminal conduct) valid. The crimes and sentences herein took place before July 1, 1987, and therefore, the standard of review to be applied is that set forth in Albritton v. State, 476 So.2d 158 (Fla. 1985). See State v. McGriff,

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