Allen v. State, 86-2902
| Citation | 529 So.2d 321,13 Fla. L. Weekly 1794 |
| Decision Date | 27 July 1988 |
| Docket Number | No. 86-2902,86-2902 |
| Parties | 13 Fla. L. Weekly 1794 Frederick ALLEN, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
James Marion Moorman, Public Defender, Bartow, and Allyn Giambalvo, Asst. Public Defender, Clearwater, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and David R. Gemmer, Asst. Atty. Gen., Tampa, for appellee.
Defendant appeals the revocation of his probation and the trial court's departure from the sentencing guidelines. We find no merit in the issues raised by defendant concerning his motion to suppress evidence and, accordingly, affirm the revocation of probation. We also affirm the departure from the guidelines sentence on the basis that the offenses for which defendant was being sentenced constituted a crime spree, which can be a valid reason for departure. See Paschall v. State, 501 So.2d 1370 (Fla. 2d DCA 1987).
In this case, defendant was charged with twenty-five offenses occurring from September, 1980, through March, 1981. Those offenses arose from fifteen separate criminal episodes, all but one of which occurred during a three-and-one-half month period. The first ten of those episodes were burglaries, accompanied by eight grand theft charges and two petit theft charges. Three out of the final five episodes were armed robberies, one of which was accompanied by an aggravated assault, which indicates a pattern of increasing violence. During the final two months of the spree, defendant was averaging one criminal episode every five days.
Affirmed.
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Wichael v. State, 89-1920
...Some of this case law may now be in doubt because the cases involve sentences imposed after revocation of probation. See Allen v. State, 529 So.2d 321 (Fla. 2d DCA 1988); Wright v. State, 491 So.2d 283 (Fla. 2d DCA 1986); Davis v. State, 455 So.2d 602 (Fla. 5th DCA 1984). They would now be ......
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Dyer v. State, 87-2060
...court stated that he could have departed based on Dyer's "criminal episode," which may be a valid reason for departure. Allen v. State, 529 So.2d 321 (Fla. 2nd DCA 1988); Paschall v. State, 501 So.2d 1370 (Fla. 2nd DCA 1987). Therefore Dyer's sentence must be reversed and remanded for Dyer ......