CLARK v. STATE

No. 96-05274.

705 So.2d 49 (1997)

Roderick CLARK, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

December 19, 1997.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, Bartow, and Allyn Giambalvo, Assistant Public Defender, Clearwater, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Scott A. Browne, Assistant Attorney General, Tampa, for Appellee.


PER CURIAM.

Roderick Clark challenges his fifteen year sentence for arson as an improper departure from the sentencing guidelines. We agree and remand for sentencing within the guidelines.

The trial court gave two reasons for imposing a departure sentence, release from jail within six months of the violation and an escalating pattern of criminal conduct. Neither reason is supported by the record. Appellant violated his probation within six months of his release...

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