Smith v. State

ON MOTION FOR REHEARING

GLICKSTEIN, Judge.

In moving for rehearing of our October 1, 1986, per curiam opinion, 493 So.2d 1032, the state contends that the trial court stated two clear and convincing reasons that justify departure from the guidelines sentence in this case: the proximity in time of the appellant’s subject misconduct to the time of his release from imprisonment for a similar offense; and a pattern of escalating crimes. The state cites numerous case authorities in which these reasons have been found to justify sentence departures.

Had the trial court stated the reasons as the state…