Cave v. State

We have for review the following question certified to be of great public importance:

When the trial court expressly relies upon temporal proximity and makes no specific findings with regard to an escalating pattern of criminal conduct, may the departure sentence nevertheless be affirmed if the documents of record pertaining to defendant’s criminal history, on their face, demonstrate an escalating pattern of criminal conduct?

*1214Cave v. State, 642 So.2d 10, 12 (Fla. 1st DCA 1994). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.

Nineteen days after being released from prison, Frederick Cave…