ROBERT A. SCOTT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
The trial court departed from the guidelines in sentencing appellant for burglary of a dwelling with an assault. The appellant’s prior record consisted of a 1989 conviction for possession of cocaine, a conviction for a 1994 petit theft, a conviction for a third degree felony of uttering a forgery on Febru ary 1, 1995, and his present offenses which occurred on February 2, 1995. The instant offense of burglary of a dwelling with an assault is a first degree felony. This history satisfies the “escalating pattern of criminal conduct” requirement for a departure sentence. § 921.001(8), Fla. Stat. (1995); State v. Dartisaw, 660 So. 2d 269 (Fla.1995). Appellant’s crimes were clearly escalating in nature from non-violent to violent. In addition, there was a pattern of criminal activity established by the temporal proximity of the crimes, particularly those in 1994 and 1995. This warranted an upward departure sentence under Darrisaw.
Affirmed.
STONE, WARNER and SHAHOOD, JJ„ concur.
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Davis v. State, 695 So. 2d 921 (Fla. 4th DCA 1997)…met because there is a similarity of offenses; they all involved cocaine as the contraband. Additionally, the “pattern” requirement is also met by the temporal proximity of the crimes, which were committed in 1989, 1993 and 1994. See Scott v. State, 692 So. 2d 1017 (Fla. 4th DCA 1997). As the state concedes, the special condition of probation to pay for random urinalysis must be stricken, sinee that condition was not orally pronounced at sentencing. See State v. Hart, 668 So. 2d 589 (Fla.1996). The judgment…
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Scott v. State, 710 So. 2d 60 (Fla. 4th DCA 1998)…r money, and unsuccessfully tried to tie a garment around her mouth. While his attention was on some drawers, the victim escaped. His main defense at trial was misidentification. On appeal we affirmed his conviction and sentence. See Scott v. State, 692 So. 2d 1017 (Fla. 4th DCA 1997). [*61] Petitioner now claims that his appellate counsel failed to raise the trial court’s error in instructing the jury on false imprisonment. Even though section 787.02, Florida Statutes (1997), entitled “False Imprisonment,” is…
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Scott v. State, 757 So. 2d 574 (Fla. 4th DCA 2000)…was amended in 1993 to eliminate such a requirement, the trial court was correct in its instruction. The appellant was initially convicted of false imprisonment and burglary of a dwelling. His conviction was affirmed on appeal. See Scott v. State, 692 So. 2d 1017 (Fla. 4th DCA 1997). He then filed a petition for writ of habeas corpus alleging ineffective assistance of appellate counsel based on counsel’s failure to argue fundamental error because of the trial court’s omission from the standard jury instructi…
Authorities Cited
- State v. Darrisaw, 660 So. 2d 269 (Fla. 1995)