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MARION v. STATE

No. 88-2232.

559 So.2d 389 (1990)

Jeremiah MARION, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

April 10, 1990.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Elliot H. Scherker, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Monique T. Befeler, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and BARKDULL and LEVY, JJ.

PER CURIAM.

We vacate the appellant's sentence and remand for resentencing within the sentencing guidelines. See Shull v. Dugger, 515 So.2d 748 (Fla. 1987).

The trial court's handwritten reason for entering a departure sentence is invalid, since it made no finding concerning any alleged pattern of criminal activity on the part of the appellant. The law is clear that, in order to justify an upward departure, the findings...

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