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BELL v. STATE

No. 96-2965.

708 So.2d 342 (1998)

Joseph BELL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

April 15, 1998.

Attorney(s) appearing for the Case

Steven P. Combs of Greene, Harris, Ellis & Austin, Jacksonville, for Appellant.

Robert A. Butterworth, Attorney General; Trina Kramer, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Joseph Bell appeals a departure sentence entered upon his conviction for burglary. Because the appellant's criminal record does not "indicate an escalating pattern of criminal conduct," section 921.001(8), Florida Statutes (1995), we reverse.

Pursuant to section 921.001(8), the lower court imposed an upward departure from the sentencing guidelines range on the ground that appellant's criminal record indicated "an escalating pattern of criminal...

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