Davis v. State

We affirm the upward departure sentence on the ground that the record demonstrates an “escalating pattern of criminal conduct” within the meaning of section 921.001(8), Florida Statutes (1995). Such a pattern may be established by a “pattern of increasingly serious criminal activity.” Id. In Barfield v. State, 594 So.2d 259, 261 (Fla.1992), the supreme court held that increasingly serious criminal activity “is indicated when the current charge involves an increase in either the degree of crime or the sentence which may be imposed, when compared with the defendant’s previous offenses.” State…