Kirk v. State

DAUKSCH, Judge.

Appellant Kirk appeals his sentence imposed in excess of the recommended guideline sentence. Kirk was arrested and pled guilty to resisting an officer with violence in violation of section 843.01, Florida Statutes (1983). The trial court set forth three written reasons for departure. The second reason, which stated “taking into consideration the danger presented to the law enforcement officers,” is not a valid reason. Danger presented to a victim is a valid reason for departure only when it is greater than that ordinarily encountered by a victim of that crime, Harris v. State,…