Opinion
No. 85-919.
February 27, 1986.
Appeal from the Circuit Court for Putnam County; E.L. Eastmoore, Judge.
James B. Gibson, Public Defender, and Larry B. Henderson, Asst. Public Defender, Daytona Beach, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and Ellen D. Phillips, Asst. Atty. Gen., Daytona Beach, for appellee.
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 COWART, JJ., concur.