JERRY LEE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed the conviction and sentence, finding no merit in the defendant's contentions regarding improper evidence and the departure sentence.
The defendant was convicted of armed robbery and received a guidelines departure sentence. He appealed, arguing the state improperly elicited evidence…
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PER CURIAM.
Lee appeals his conviction of the crime of armed robbery and his guidelines departure sentence. We affirm.
Lee contends his motions for mistrial should have been granted because the state improperly elicited evidence that he may have been involved in other crimes or bad acts, and the state’s witness gave testimony which could have been construed as a comment on Lee’s exercise of his right to remain silent. Neither of these contentions is supported by the evidence. Lee also contends that the court erred in imposing a departure sentence. The trial judge gave the following two clear and convincing reasons for departure:
1. The defendant’s escalating course of criminal conduct from crimes against property to violent crimes against persons. Keys v. State, 500 So. 2d 134 (Fla.1986).
2. The defendant’s record demonstrates a continuing and persistent pattern of criminal activity such that a higher sentence is indicated because of the short period of time between his crimes and release from incarceration. Williams v. State, 504 So. 2d 392 (Fla.1987).
The reasons are valid and the record in this case supports these determinations. We affirm the conviction and sentence.
BOOTH, SHIVERS and THOMPSON, JJ., concur.
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Tobias Barfield v. State, 564 So. 2d 616 (Fla. 4th DCA 1990)…2d 707 (Fla. 4th DCA 1989), upheld an upward departure “where only ‘a short period of time’ ha[d] transpired between the crime at issue and release from incarceration for some other transgression.” Id. at 707 (emphasis added); citing, Lee v. State, 537 So. 2d 704 (Fla. 1st DCA 1989) (other citations omitted). We note that only ninety days separated appellant’s prison release and his new crime for the same transgression. Our supreme court in State v. Jones, 530 So. 2d 53, 55 (Fla.1988), held that the temporal…
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Mauney v. State, 553 So. 2d 707 (Fla. 4th DCA 1989)…. We affirm. There are several cases standing for the proposition that departure is justified where only “a short period of time” has transpired between the crime at issue arid release from incarceration for some other transgression. Lee v. State, 537 So. 2d 704 (Fla. 1st DCA 1989); see also Williams v. State, 484 So. 2d 71 (Fla. 1st DCA 1986), affirmed, 504 So. 2d 392 (Fla.1987). It is true that in Lovett v. State, 536 So. 2d 1087 (Fla. 4th DCA 1988), we found hearsay testimony, as to a prior record, insuf…
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Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Keys v. State, 500 So. 2d 134 (Fla. 1986)
- Williams v. State, 504 So. 2d 392 (Fla. 1987)