Thompson v. State

I agree, and the state also concedes, that the court’s assessment of costs must be reversed because of lack of notice. Wood v. State, 544 So.2d 1004 (Fla.1989); Outar v. State, 508 So.2d 1311 (Fla. 5th DCA 1987). However, I would affirm the departure sentence because at least one of the trial judge’s stated reasons is legally valid and is supported by the record: timing of the criminal offenses so as to show a persistent pattern of criminal activity. Williams v. State, 504 So.2d 392 (Fla.1987).

The record shows Thompson committed aggravated battery in 1986, for which he was placed on community…