JOHNNY RAY BRADLEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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BARFIELD, Judge.
We reverse the departure sentences imposed in these consolidated appeals. While the timing of offenses may constitute a clear and convincing reason for departure, the offenses must establish a continuing and persistent pattern of criminal activity. State v. Jones, 530 So. 2d 53 (Fla.1988). Without a recitation by the trial court of additional facts supporting the timing of offenses, the fact that appellant committed three offenses in a ten-day period does not demonstrate a continuing and persistent pattern of criminal activity. See State v. Simpson, 554 So. 2d 506 (Fla.1989); State v. Rousseau, 509 So. 2d 281 (Fla.1987). After carefully reviewing the record and briefs in case no. 89-1435, we find no other reversible error. We reverse the consolidated appeals and remand for resentencing within the recommended guidelines range.
SHIVERS, C.J., and WIGGINTON, J., concur.
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Art Silvestrone v. Edell, 701 So. 2d 90 (Fla. 5th DCA 1997)…ed. Haghayegh v. Clark, 520 So. 2d 58 (Fla. 3d DCA 1988).3 It commences when a default judgment is entered, Don Reid Ford, Inc. v. Feldman, 421 So. 2d 184 (Fla. 5th DCA 1982), and in tax cases when final judgment is entered. Wilkerson v. Sternstein, 558 So. 2d 516 (Fla. 1st DCA 1990). But the statute of limitations does not run on the entry of an order confirming a settlement, but rather, on the entry of final judgment because the court has authority, until the entry of final judgment, of revisiting the issue…
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ROA v. State, 574 So. 2d 1126 (Fla. 2d DCA 1991)…permitted the upward departure. The second reason listed for departure, that the defendant is not amenable to probation because of the timing of the violations, is neither supported by the facts of this case nor the case law. See Bradley v. State, 558 So. 2d 516 (Fla. 1st DCA 1990). See also State v. Simpson, 554 So. 2d 506 (Fla.1989). Finally, the third reason listed for departure, that defendant is extremely dangerous, has been held invalid by this court. Hair v. State, 539 So. 2d 23 (Fla. 2d DCA 1989).…
Authorities Cited
- State v. Rousseau, 509 So. 2d 281 (Fla. 1987)
- State v. Cledius Orlando Jones, 530 So. 2d 53 (Fla. 1988)
- State v. Vaughn R. Simpson, 554 So. 2d 506 (Fla. 1989)