LEE v. STATE

No. 88-02023.

556 So.2d 482 (1990)

Robert LEE, a/K/a Willie Smith, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

February 2, 1990.


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 Carol M. Ditmar, Asst. Atty. Gen., Tampa, for appellee.


SCHEB, Judge.

Defendant Robert Lee, a/k/a Willie Smith, challenges the trial court's imposition of an upward departure sentence based on his "ever increasing pattern of criminal activity." This reason is a valid basis for departure from the recommended range of the sentencing guidelines. The record, however, does not support it, and we reverse.

On December 15, 1981, the defendant was charged with grand theft and later failed to appear for trial. After remaining...

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