Spells v. State

ORFINGER, Judge.

The defendant appeals from a departure sentence of 4 years’ imprisonment following the entry of a guilty plea to second degree grand theft and prostitution. The recommended guideline sentence was any non-state prison sanction.

The written reasons stated for departure were:

This defendant is a confirmed habitual prostitute and thief. Although only 21 yrs old she has at least 5 prior prostitution related offenses and 4 other misdemeanor offenses.

These reasons are very similar to those disapproved by this court in Bentley v. State, 477 So.2d 58 (Fla. 5th DCA 1985),1 on the…