Gales v. State, 515 So. 2d 431 (Fla. 4th DCA 1987). · Go Syfert
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Gales v. State, 515 So. 2d 431 (Fla. 4th DCA 1987). Cases Citing This Book View Copy Cite
8 citation events across 1 distinct court.
Strongest positive: Gotay v. State (fladistctapp, 1989-07-12)
Top citers, strongest first. 3 distinct citers. How cited ↗
cited Cited "see" Gotay v. State
Fla. Dist. Ct. App. · 1989 · signal: see · confidence high
See Gales v. State, 515 So.2d 431 (Fla. 4th DCA 1987); Davis v. State, 534 So.2d 821 (Fla. 4th DCA 1988).
cited Cited "see" McIntyre v. State
Fla. Dist. Ct. App. · 1989 · signal: see · confidence high
See Gales v. State, 515 So.2d 431 (Fla. 4th DCA 1987), Abt v. State, 504 So.2d 548 (Fla. 4th DCA 1987).
discussed Cited "see, e.g." Sims v. State
Fla. Dist. Ct. App. · 1988 · signal: see also · confidence low
See Abt v. State, 504 So.2d 548 (Fla. 4th DCA 1987) (escalation of criminal activity is shown by an increase in the nature and severity of the crimes); see also Gales v. State, 515 So.2d 431 (Fla. 4th DCA 1987).
Retrieving the full opinion text from the archive…
Terrance GALES, Appellant,
v.
STATE of Florida, Appellee.
87-1103.
District Court of Appeal of Florida, Fourth District.
Nov 18, 1987.
515 So. 2d 431
Per Curiam.
Cited by 6 opinions  |  Published

Richard L. Jorandby, Public Defender, and Thomas F. Ball, III, Asst. Public Defender, West Palm Beach, for appellant.

[*432] Robert A. Butterworth, Jr., Atty. Gen., Tallahassee, and John W. Tiedemann, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

This cause is reversed and remanded for sentencing within the guidelines. In order for an escalating pattern of criminal conduct to justify departure, the escalation must involve more than just an increase in the number of crimes. Included must be an increase in the nature and severity of the crimes. Abt v. State, 504 So.2d 548 (Fla. 4th DCA 1987). Furthermore, this Court has negated the protection of society as a valid reason for departure. Lorenzo v. State, 483 So.2d 790 (Fla. 4th DCA 1986). See also Williams v. State, 492 So.2d 1308 (Fla. 1986).

REVERSED AND REMANDED.

DOWNEY, LETTS and STONE, JJ., concur.