Home/District Court of Appeal of Florida/Thierjung v. State

Thierjung v. State

576 So. 2d 433, 1991 Fla. App. LEXIS 2629, 1991 WL 38133
CourtDistrict Court of Appeal of Florida
DecidedMarch 22, 1991
DocketNo. 89-01973
StatusPublished

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

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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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)

Cite This Page — Counsel Stack

Bluebook (online)
576 So. 2d 433, 1991 Fla. App. LEXIS 2629, 1991 WL 38133, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thierjung-v-state-fladistctapp-1991.