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SMITH v. STATE

No. 76659.

579 So.2d 75 (1991)

Richard C. SMITH, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

May 2, 1991.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender and Barbara L. Condon, Asst. Public Defender, Seventh Judicial Circuit, Daytona Beach, for petitioner.

Robert A. Butterworth, Atty. Gen. and David S. Morgan, Asst. Atty. Gen., Daytona Beach, for respondent.

McDONALD, Justice.

We review Smith v. State, 566 So.2d 57, 59 (Fla. 5th DCA, 1990), because the district court of appeal certified the following question as one of great public importance:

MAY A TRIAL JUDGE IMPOSE A DEPARTURE SENTENCE BASED SOLELY ON A PERSISTENT PATTERN OF CRIMINAL ACTIVITY, CLOSELY RELATED IN TIME, ALTHOUGH THE PATTERN IS NOT ESCALATING TOWARDS MORE VIOLENT OR SERIOUS CRIMES?

We have jurisdiction...

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