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CAMPBELL v. STATE

No. 87-01615.

540 So.2d 936 (1989)

Gerald T. CAMPBELL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

April 7, 1989.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Deborah K. Brueckheimer, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Brenda S. Taylor, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

The defendant was convicted of possession of cocaine with intent to deliver. The sentencing guidelines recommended community control or 12 to 30 months incarceration. The trial judge departed upward, sentencing the defendant to 15 years imprisonment. The judge offered five reasons for departure. The state concedes that four of the reasons are invalid. We agree.

The one reason which can be valid concerned the defendant's pattern of behavior.

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