JACKSON v. STATE

No. 89-425.

556 So.2d 813 (1990)

Donald L. JACKSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

February 15, 1990.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Michele A. Lucas, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Colin Campbell, Asst. Atty. Gen., Daytona Beach, for appellee.


COWART, Judge.

The defendant appeals a guidelines departure sentence imposed after a violation of probation. The trial court gave several written reasons for departure. We find the reasons inadequate and vacate the departure sentence.

The trial court's reason that the defendant's behavior shows a continuing and persistent and escalating pattern of criminal conduct is not supported by the record. The sentence under review was imposed for a non-violent third...

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