Bogan v. State

District Court of Appeal of Florida

Bogan v. State

528 So. 2d 1341, 13 Fla. L. Weekly 1860, 1988 Fla. App. LEXIS 3520, 1988 WL 80895

CourtDistrict Court of Appeal of Florida

DecidedAugust 5, 1988

DocketNo. 86-2514

StatusPublished

Cited by1 cases

This text of 528 So. 2d 1341 (Bogan v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bogan v. State, 528 So. 2d 1341, 13 Fla. L. Weekly 1860, 1988 Fla. App. LEXIS 3520, 1988 WL 80895 (Fla. Ct. App. 1988).

Pincite

Opinion

SCHEB, Acting Chief Judge.

On September 12,1986, defendant Anthony Bogan was found guilty of armed robbery and sentenced to life imprisonment. His sentencing guidelines scoresheet showed a recommended range of nine to twelve years in prison. In this appeal the defendant argues that the trial court’s departure from the guidelines was not supported by valid reasons. We agree.

The trial judge filed three written reasons for departure: (1) defendant is an habitual felony offender, (2) defendant’s extensive background of criminal activity indicating an escalating pattern of criminal conduct, and (3) failure of previous attempts to rehabilitate the defendant. The state concedes that the first reason is not valid. Whitehead v. State, 498 So.2d 863 (Fla.1986). The third reason is also invalid. Baker v. State, 517 So.2d 753 (Fla. 2d DCA 1987). An escalating pattern of criminal activity, the trial court’s second reason, can be a valid reason for departure when supported by the facts. Keys v. State, 500 So.2d 134 (Fla.1986) (defendant’s crimes escalated from crimes against property to violent crimes against persons).

Although the trial judge departed from the guidelines based on defendant’s convictions of several felonies which occurred in 1982 and the instant offense, which occurred in 1986, we do not find that the defendant’s behavior presents an escalating pattern within the teachings of Keys.

Accordingly, we affirm the defendant’s conviction but vacate the sentence and remand for resentencing within the recommended range of the sentencing guidelines.

HALL and PARKER, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

SCHEB, Acting Chief Judge.

On September 12,1986, defendant Anthony Bogan was found guilty of armed robbery and sentenced to life imprisonment. His sentencing guidelines scoresheet showed a recommended range of nine to twelve years in prison. In this appeal the defendant argues that the trial court’s departure from the guidelines was not supported by valid reasons. We agree.

The trial judge filed three written reasons for departure: (1) defendant is an habitual felony offender, (2) defendant’s extensive background of criminal activity indicating an escalating pattern of criminal conduct, and (3) failure of previous attempts to rehabilitate the defendant. The state concedes that the first reason is not valid. Whitehead v. State, 498 So.2d 863 (Fla.1986). The third reason is also invalid. Baker v. State, 517 So.2d 753 (Fla. 2d DCA 1987). An escalating pattern of criminal activity, the trial court’s second reason, can be a valid reason for departure when supported by the facts. Keys v. State, 500 So.2d 134 (Fla.1986) (defendant’s crimes escalated from crimes against property to violent crimes against persons).

Although the trial judge departed from the guidelines based on defendant’s convictions of several felonies which occurred in 1982 and the instant offense, which occurred in 1986, we do not find that the defendant’s behavior presents an escalating pattern within the teachings of Keys.

Accordingly, we affirm the defendant’s conviction but vacate the sentence and remand for resentencing within the recommended range of the sentencing guidelines.

HALL and PARKER, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

528 So. 2d 1341, 13 Fla. L. Weekly 1860, 1988 Fla. App. LEXIS 3520, 1988 WL 80895, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bogan-v-state-fladistctapp-1988.

Opinion

Related

Cite This Page — Counsel Stack