Bradley v. State

558 So. 2d 516, 1990 Fla. App. LEXIS 1899, 1990 WL 32447

Opinion

BARFIELD, Judge.

We reverse the departure sentences imposed in these consolidated appeals. While the timing of offenses may constitute a clear and convincing reason for departure, the offenses must establish a continuing and persistent pattern of criminal activity. State v. Jones, 530 So.2d 53 (Fla.1988). Without a recitation by the trial court of additional facts supporting the timing of offenses, the fact that appellant committed three offenses in a ten-day period does not demonstrate a continuing and persistent pattern of criminal activity. See State v. Simpson, 554 So.2d 506 (Fla.1989); State v. Rousseau, 509 So.2d 281 (Fla.1987). After carefully reviewing the record and briefs in case no. 89-1435, we find no other reversible error. We reverse the consolidated appeals and remand for resentenc-ing within the recommended guidelines range.

SHIVERS, C.J., and WIGGINTON, J., concur.