Davis v. State

Appellant was convicted of escape, false imprisonment, and aggravated assault with a deadly weapon, as a result of attempting to escape from prison in May, 1994. He contends that the trial court erroneously based an upward departure sentence for escape on *131section 921.0016(3)(o), Florida Statutes (1993), which authorizes departure for an offense committed in an attempt to escape from custody.

Appellant argues, in regard to his sentence for escape, that because the ground for departure was an element of the crime itself, it cannot be used for departure. Although that was the law, see State v.…