no record support for the trial court's finding of an "escalating pattern of criminal behavior"
How later courts described this case
- no record support for the trial court's finding of an "escalating pattern of criminal behavior"
Written by the judges who cited it.
The opinion
PER CURIAM.
We reverse the departure sentence imposed herein for the reason that the record in this case does not support the trial court’s finding that the defendant was engaged in an “escalating pattern of criminal behavior.” The sentence is vacated and the case is remanded for resentencing in accordance with the guidelines, absent clear and convincing reasons for departure.
SENTENCE VACATED. REMANDED.
COBB, C.J., and ORFINGER and CO-WART, JJ., concur.