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CONNERS v. STATE

No. 96-03241.

703 So.2d 1161 (1997)

Herman Lee CONNERS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

December 10, 1997.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, Bartow, and Richard P. Albertine, Jr., Assistant Public Defender, Clearwater, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and John M. Klawikofsky, Assistant Attorney General, Tampa, for Appellee.

PER CURIAM.

The defendant, Herman Lee Conners, appeals his conviction for felony petit theft. We affirm his conviction without discussion, but reverse the upward departure sentence.

The trial court imposed the upward departure sentence based upon its finding of a persistent pattern of criminal activity. As this court stated in Smith v. State, 599 So.2d 265, 265 (Fla. 2d DCA 1992), "a persistent pattern is not enough...

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