BARBARA DIANNE HART, APPELLANT,

v.

EDWARD CURTIS HART, APPELLEE

Citator

Cited By

• Lambert v. State, 545 So. 2d 838 (Fla. 1989)
  …conduct. Lambert too was imper-missibly sentenced outside the guidelines where he received a twelve and one-half [*842] year departure for the original offenses based upon conduct for which there was no conviction. In a recent case, Medina v. State, 526 So. 2d 216 (Fla. 2d DCA 1988), the defendant, who was on probation for selling seven ounces of cocaine, violated probation by selling a lesser amount of cocaine. The trial court departed from the guidelines range of seven to nine years and sentenced Medina to…
• Dudley White v. State, 539 So. 2d 1160 (Fla. 1st DCA 1989)
  …tional and statutory rights. Second, the court imposed a sentence in excess of the guidelines because the defendant committed a similar criminal offense while on probation.1 White con [*1161] tends this reason is not valid based on Medina v. State, 526 So. 2d 216 (Fla. 2d DCA 1988). The state counters that even though the departure in this instance was more than one cell,2 the fact that an offense was committed while the defendant was on probation has been held to be a valid clear and convincing reason for d…
• Sterling v. State, 547 So. 2d 1301 (Fla. 1st DCA 1989)
  …a drug charge while he was on probation for another drug charge, this, too, is invalid. Lambert v. State, 545 So. 2d 838 (Fla.1989); Hendrix v. State, 475 So. 2d 1218 (Fla.1985); Mooney v. State, 516 So. 2d 333 (Fla. 1st DCA 1987); Medina v. State, 526 So. 2d 216 (Fla. 2d DCA 1988). However, the remaining reason — escalating pattern of criminal activity — is valid under Simmons v. State, 483 So. 2d 530 (Fla. 1st DCA), review denied, 492 So. 2d 1335 (Fla.1986) (escalating pattern of drug-related activities)…