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SCHIERER v. STATE

No. 96-00293.

694 So.2d 868 (1997)

James Louis SCHIERER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

June 6, 1997.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and A. Victoria Wiggins, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Ronald Napolitano, Assistant Attorney General, Tampa, for Appellee.

PATTERSON, Judge.

James Schierer challenges his five-year prison sentence for battery on a law enforcement officer imposed upon revocation of probation. As the parties agree, the trial court erred in departing from the sentencing guidelines for the stated reason that Schierer "is not amenable to rehabilitation or supervision, as evidenced by an escalating pattern of criminal conduct as described in s. 921.001(8)." The state did not prove an escalating pattern of criminal...

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