Lewis v. State
| Decision Date | 15 March 1990 |
| Docket Number | No. 89-258,89-258 |
| Citation | 558 So.2d 170 |
| Parties | 15 Fla. L. Weekly D706 Angela Ann LEWIS, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
James B. Gibson, Public Defender and Brynn Newton, Asst. Public Defender, Daytona Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee and Bonnie Jean Parrish, Asst. Atty. Gen., Daytona Beach, for appellee.
This is an appeal from a guideline departure sentence. With one exception, the reasons given for departure were based on probation violations and are invalid. Lambert v. State, 545 So.2d 838 (Fla.1989); Ree v. State, 14 F.L.W. 565 (Fla. Nov. 16, 1989). The trial court also based departure on a "continuous and persistent and escalating pattern of criminal conduct" consisting of the commission of sale of cocaine offenses twice in a seven month period. This conduct does not constitute the escalating or persistent pattern of criminal conduct adequate to form a basis for departure. Maddox v. State, 553 So.2d 1380, 1382 (Fla. 5th DCA 1989). Accordingly, the defendant's sentence in Case No. 88-8113 is vacated and the cause remanded for resentencing within the guidelines. The defendant's sentence in Case No. 88-1847 is affirmed because it does not depart from the sentencing guidelines.
Sentence AFFIRMED in part VACATED in part; case REMANDED for resentencing consistent with this opinion.
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