Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

JEREMIAH MARION, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE.

PER CURIAM.

We vacate the appellant's sentence and remand for resentencing within the sentencing guidelines. See Shull v. Dugger, 515 So.2d 748 (Fla. 1987).

The trial court's handwritten reason for entering a departure sentence is invalid, since it made no finding concerning any alleged pattern of criminal activity on the part of the appellant. The law is clear that, in order to justify an upward departure, the findings of the trial court concerning the sequential timing of offenses must reflect:

[A] continuing and persistent pattern of criminal activity as evidenced by the timing of each offense in relation to prior offenses and the release from incarceration or other supervision.
State v. Jones, 530 So.2d 53, 56 (Fla. 1988).

Accordingly, since the individual act of a criminal nature which is the subject of this case does not, by itself, establish a "pattern" of criminal activity, the sentence must be vacated so as to allow the defendant to be resentenced within the sentencing guidelines.

Reversed and remanded.

Use AI to get other relevant cases.

Comments

MARION v. STATE
(Apr 10, 1990)