Thierjung v. State

576 So. 2d 433, 1991 Fla. App. LEXIS 2629, 1991 WL 38133
District Court of Appeal of Florida·Decided March 22, 1991·No. No. 89-01973·Published

Opinion

PER CURIAM.

We agree with the appellant that the first and third guidelines departure reasons given by the sentencing judge are invalid. However, the second reason which refers to an escalating course of criminal conduct has been approved as a permissible reason for departing from a guidelines recommendation. See Keys v. State, 500 So.2d 134 (Fla.1986) and Baker v. State, 530 So.2d 402 (Fla. 1st DCA 1988).

Accordingly, we affirm the appellant’s judgments and sentences. Section 921.-001(5), Florida Statutes (1987).

SCHOONOVER, C.J., and RYDER and CAMPBELL, JJ., concur.

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Thierjung v. State, 576 So. 2d 433, 1991 Fla. App. LEXIS 2629, 1991 WL 38133 (Fla. Ct. App. 1991).

576 So. 2d 433 (Thierjung v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Baker v. State
530 So. 2d 402 (District Court of Appeal of Florida, 1988)
Keys v. State
500 So. 2d 134 (Supreme Court of Florida, 1986)