DAY v. STATE

No. 98-4141.

746 So.2d 1219 (1999)

Patrick DAY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

December 21, 1999.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, and Jamie Spivey, Assistant Public Defender, Tallahassee, for Appellant.

Robert Butterworth, Attorney General, and L. Michael Billmeier, Assistant Attorney General, Tallahassee, for Appellee.


ALLEN, J.

The appellant in this direct criminal appeal challenges his upward departure sentence following his conviction of second degree murder. We affirm his sentence because he is unable to show that each reason given for the departure sentence is invalid.

The trial judge gave two reasons for the upward departure sentence. He concluded that the crime evidenced "an escalating pattern of misconduct" and that the surrounding circumstances revealed "an elaborate...

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