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CAVE v. STATE

No. 84643.

661 So.2d 1213 (1995)

Frederick CAVE, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

Rehearing Denied January 3, 1996.

Attorney(s) appearing for the Case

George F. Schaeffer, Gainesville, Florida, for Petitioner.

Robert A. Butterworth, Attorney General; James R. Rogers, Tallahassee Bureau Chief, Criminal Appeals and Stephen R. White, Assistant Attorney General, Tallahassee, Florida, for Respondent.

PER CURIAM.

We have for review the following question certified to be of great public importance:

When the trial court expressly relies upon temporal proximity and makes no specific findings with regard to an escalating pattern of criminal conduct, may the departure sentence nevertheless be affirmed if the documents of record pertaining to defendant's criminal history, on their face, demonstrate an escalating pattern of criminal conduct?

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