ROBERT CARPENTER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1987-11-18
No. 87-0712
DOWNEY, LETTS and WALDEN, JJ., concur.
515 So. 2d 431 Florida District Court of Appeal, Fourth District (1987) Caution
Cited by 14 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Robert Carpenter was found guilty of burglary and the trial court departed upwards from the sentencing guidelines without supplying a guidelines scoresheet or any reasons for such departure. We affirm the conviction but remand for resentencing within the guidelines range, unless the trial court shall state and put in writing valid reasons for departure. Matire v. State, No. 4—86—1361 (Fla. 4th DCA Sept. 16, 1987).

Affirmed in part; reversed in part, and remanded for resentencing.

DOWNEY, LETTS and WALDEN, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

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  • Lucio John Salas v. State, 544 So. 2d 1040 (Fla. 4th DCA 1989)
    …escalating pattern of criminal conduct. Here the record discloses not only a pattern of increasing criminal conduct, but also an increase in the nature and severity of the [*1046] crimes. See Keys v. State, 500 So. 2d 134 (Fla.1986); Gales v. State, 515 So. 2d 431 (Fla. 4th DCA 1987); Ballard v. State, 501 So. 2d 1285 (Fla. 4th DCA), review denied, 488 So. 2d 67 (Fla.1986). We further hold that appellant’s failure to rehabilitate himself constitutes a valid reason for departure. See Robinson v. State, 530 So.…
  • McINTYRE v. State, 539 So. 2d 603 (Fla. 3d DCA 1989)
    …e’s conduct showed an escalating pattern of criminal conduct, is incorrect. Rather than showing an increase in the nature and severity of the crimes, the pattern here, if any, evidenced a decrease in the severity of the offenses. See Gales v. State, 515 So. 2d 431 (Fla. 4th DCA 1987), Abt v. State, 504 So. 2d 548 (Fla. 4th DCA 1987). Reason four improperly characterizes McIntyre's conduct, in stealing the car and then using [*605] it shortly thereafter to commit the crimes charged, as a "crime wave or binge”…
  • Sims v. State, 522 So. 2d 496 (Fla. 1st DCA 1988)
    …the defendant’s crimes and thus demonstrates the requisite escalation. See Abt v. State, 504 So. 2d 548 (Fla. 4th DCA 1987) (escalation of criminal activity is shown by an increase in the nature and severity of the crimes); see also Gales v. State, 515 So. 2d 431 (Fla. 4th DCA 1987). Accordingly, we approve the third reason. The fourth and final reason advanced by the trial judge is that the offense was committed after the defendant’s arrest and release on bail in an unrelated marijuana offense. That a defe…

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