GOTAY v. STATE

No. 88-0574.

549 So.2d 1034 (1989)

Zak GOTAY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

July 12, 1989.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender and Jeffrey L. Anderson, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Carolyn V. McCann, Asst. Atty. Gen., West Palm Beach, for appellee.


ON MOTION FOR REHEARING

PER CURIAM.

We grant appellant's motion for rehearing. We withdraw the opinion issued March 15, 1989 and substitute the following opinion:

We affirm appellant's conviction of aggravated battery and trespass. We reverse appellant's sentence.

The record does not support the trial court's departure based upon an escalating pattern of criminal behavior. See Gales v. State, 515 So.2d 431

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