Bell v. State

Joseph Bell appeals a departure sentence entered upon his conviction for burglary. Because the appellant’s criminal record does not “indicate an escalating pattern of criminal conduct,” section 921.001(8), Florida Statutes (1995), we reverse.

Pursuant to section 921.001(8), the lower court imposed an upward departure from the sentencing guidelines range on the ground that appellant’s criminal record indicated “an escalating pattern of criminal conduct.” The Florida Supreme Court has interpreted this statutory basis for imposing a departure sentence as requiring both an increase in the…