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FREENEY v. STATE

No. 88-1888.

549 So.2d 792 (1989)

Anthony FREENEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

October 5, 1989.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Barbara C. Davis, Asst. Public Defender, Daytona Beach, for appellant.

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

COWART, Judge.

The departure sentence in this case is reversed because: (1) the facts that were sufficient to violate the defendant's probation are not sufficient to constitute a clear and convincing reason for imposition of the departure sentence in this case, Lambert v. State, 545 So.2d 838 (Fla. 1989); Branton v. State, 548 So.2d 882 (Fla. 5th DCA 1989); and (2) defendant's pattern...

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