Hair v. State

District Court of Appeal of Florida

Hair v. State

539 So. 2d 23, 14 Fla. L. Weekly 594, 1989 Fla. App. LEXIS 1055, 1989 WL 17232

CourtDistrict Court of Appeal of Florida

DecidedMarch 3, 1989

DocketNo. 87-1099

StatusPublished

Cited by1 cases

This text of 539 So. 2d 23 (Hair 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.

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Hair v. State, 539 So. 2d 23, 14 Fla. L. Weekly 594, 1989 Fla. App. LEXIS 1055, 1989 WL 17232 (Fla. Ct. App. 1989).

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Opinion

FRANK, Judge.

The appellant Hair has appealed from a guidelines sentence greater than the permissible one-cell increase following the violation of probation. The trial court’s sentencing order contains a detailed statement of Hair’s criminal history, and undoubtedly the major impetus for departure was his “pattern of behavior indicating he is clearly a menace to society and a danger to the public.” We held this very reason for departure invalid in Miller v. State, 519 So.2d 1118 (Fla. 2d DCA 1988), and we must again reject it.

Reversed and remanded for sentencing within the guidelines.

DANAHY, A.C.J., and HALL, J., concur.

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FRANK, Judge.

The appellant Hair has appealed from a guidelines sentence greater than the permissible one-cell increase following the violation of probation. The trial court’s sentencing order contains a detailed statement of Hair’s criminal history, and undoubtedly the major impetus for departure was his “pattern of behavior indicating he is clearly a menace to society and a danger to the public.” We held this very reason for departure invalid in Miller v. State, 519 So.2d 1118 (Fla. 2d DCA 1988), and we must again reject it.

Reversed and remanded for sentencing within the guidelines.

DANAHY, A.C.J., and HALL, J., concur.

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539 So. 2d 23, 14 Fla. L. Weekly 594, 1989 Fla. App. LEXIS 1055, 1989 WL 17232, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hair-v-state-fladistctapp-1989.

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