STEVEN EARL MAY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that a clerical error in the judgment and sentence should be corrected, and as amended, the judgment and sentence are affirmed.
Appellant's judgment and sentence contained a clerical error regarding the offense of aggravated assault. The trial judge departed from the recommende…
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PER CURIAM.
To correct a clerical error, the words “without a deadly weapon” are stricken from appellant’s judgment and sentence which are hereby amended to show that, as to count one of the information against him, he pled guilty and was adjudicated and sentenced as to the offense of aggravated assault, a violation of section 784.-021(l)(a), Florida Statutes. As amended the judgment and sentence are affirmed.
The trial judge did not abuse his discretion in departing from the recommended guideline sentence for the reason that appellant’s prior criminal record showed an ever increasing pattern of more serious offenses and that appellant’s actions endangered several persons. See Murphy v. State, 459 So. 2d 337 (Fla. 5th DCA 1984); Higgs v. State, 455 So. 2d 451 (Fla. 5th DCA 1984); Burke v. State, 456 So. 2d 1245 (Fla. 5th DCA 1984). An escalating pattern of more serious offenses is not a factor scored under the guidelines and constitutes a proper reason for departure, as does the finding that the defendant’s actions endangered several persons. Cf. Hendrix v. State, 475 So. 2d 1218 (Fla.1985) (where factors scored under the guidelines were also used as reasons supporting departure).
Presentence jail time credit is not required on each of concurrent sentences for identical terms of imprisonment. See Green v. State, 450 So. 2d 1275 (Fla. 5th DCA 1984); Amlotte v. State, 435 So. 2d 249 (Fla. 5th DCA 1983), affirmed on other grounds, 456 So. 2d 448 (Fla.1984); Fenn v. State, 418 So. 2d 286 (Fla. 5th DCA 1982).
AFFIRMED.
COBB, C.J., and ORFINGER and CO-WART, JJ., concur.
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Williams v. State, 484 So. 2d 71 (Fla. 1st DCA 1986)…ith several recent post-Hendrix decisions of our sister courts. See Booker v. State, 482 So. 2d 414 (Fla. [*73] 2nd DCA 1985); Smith v. State, 480 So. 2d 663 (Fla. 5th DCA 1985); Johnson v. State, 477 So. 2d 56 (Fla. 5th DCA 1985); and May v. State, 475 So. 2d 1004 (Fla. 5th DCA 1985). The defendant’s continuing and persistent pattern of criminal activity since age 16, together with the timing of such offenses relative to prior offenses and releases from incarceration or supervision, clearly demonstrated the…
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Smith v. State, 480 So. 2d 663 (Fla. 5th DCA 1985)…re, finds and determines that it is necessary to go outside the guidelines and impose a sentence accordingly. As we read the order, the trial judge’s departure primarily was based on an escalating pattern of more serious offenses. See May v. State, 475 So. 2d 1004 (Fla. 5th DCA 1985). The PSI in the record supports that finding. We consider the reference in the order to the prior record as merely ancillary to the escalation finding, not as a separate and invalid reason for. departure under Hendrix v. State, 4…
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Alphonse Kelly v. State, 552 So. 2d 1140 (Fla. 5th DCA 1989)…ictim, his former girlfriend’s mother, in the stomach with a .357 magnum revolver while in her home and for no apparent reason. See Keeley v. State, 460 So. 2d 552 (Fla. 5th DCA 1984); Keys v. State, 473 So. 2d 800 (Fla. 5th DCA 1985); May v. State, 475 So. 2d 1004 (Fla. 5th DCA 1985); Johnson v. State, 477 So. 2d 56 [*1145] (Fla. 5th DCA 1985); and Smith v. State, No. 85-845 [480 So. 2d 663] (Fla. 5th DCA Nov. 29, 1985) [10 F.L.W. 2634]. 3. The instant offenses as well as the defendant’s prior convictions al…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Hendrix v. State, 475 So. 2d 1218 (Fla. 1985)
- Amlotte v. State, 456 So. 2d 448 (Fla. 1984)
- Burke v. State, 456 So. 2d 1245 (Fla. 5th DCA 1984)
- Higgs v. State, 455 So. 2d 451 (Fla. 5th DCA 1984)
- Hunter v. State, 435 So. 2d 249 (Fla. 1st DCA 1983)
- Murphy v. State, 459 So. 2d 337 (Fla. 5th DCA 1984)
- Buford A. Green v. State, 450 So. 2d 1275 (Fla. 5th DCA 1984)
- Gosselin v. Burt, 418 So. 2d 286 (Fla. 3d DCA 1982)
- Cumby v. State, 418 So. 2d 286 (Fla. 5th DCA 1982)