Gales v. State, 515 So. 2d 431

PER CURIAM.

This cause is reversed and remanded for sentencing within the guidelines. In order for an escalating pattern of criminal conduct to justify departure, the escalation must involve more than just an increase in the number of crimes. Included must be an increase in the nature and severity of the crimes. Abt v. State, 504 So.2d 548 (Fla. 4th DCA 1987). Furthermore, this Court has negated the protection of society as a valid reason for departure. Lorenzo v. State, 483 So.2d 790 (Fla. 4th DCA 1986). See also Williams v. State, 492 So.2d 1308 (Fla. 1986).

REVERSED AND REMANDED.

DOWNEY, LETTS and STONE, JJ., concur.

Case Details

Case Name: Gales v. State

Court Name: District Court of Appeal of Florida

Date Published: Nov 18, 1987

Citations: 515 So. 2d 431; 12 Fla. L. Weekly 2648; 87-1103

Docket Number: 87-1103

Court Abbreviation: Fla. Dist. Ct. App.