Campbell v. State

District Court of Appeal of Florida

Campbell v. State

540 So. 2d 936, 14 Fla. L. Weekly 879, 1989 Fla. App. LEXIS 1795, 1989 WL 32269

CourtDistrict Court of Appeal of Florida

DecidedApril 7, 1989

DocketNo. 87-01615

StatusPublished

This text of 540 So. 2d 936 (Campbell 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

Campbell v. State, 540 So. 2d 936, 14 Fla. L. Weekly 879, 1989 Fla. App. LEXIS 1795, 1989 WL 32269 (Fla. Ct. App. 1989).

Pincite

Opinion

PER CURIAM.

The defendant was convicted of possession of cocaine with intent to deliver. The sentencing guidelines recommended community control or 12 to 30 months incarceration. The trial judge departed upward, sentencing the defendant to 15 years imprisonment. The judge offered five reasons for departure. The state concedes that four of the reasons are invalid. We agree.

The one reason which can be valid concerned the defendant’s pattern of behavior. Williams v. State, 504 So.2d 392 (Fla.1987); Keys v. State, 500 So.2d 134 (Fla.1986). However, there is insufficient evidence in the record to support that reason. State v. Mischler, 488 So.2d 523 (Fla.1986).

[937]*937Accordingly, we vacate the defendant’s sentence and remand for resentencing within the recommended guidelines range. Shull v. Dugger, 515 So.2d 748 (Fla.1987).

CAMPBELL, C.J., and SCHEB and HALL, JJ., concur.

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