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Patino v. State

District Court of Appeal of Florida, Second District
Jul 1, 1994
638 So. 2d 620 (Fla. Dist. Ct. App. 1994)

Opinion

No. 93-00246.

July 1, 1994.

Appeal from the Circuit Court for Hillsborough County; Bob Anderson Mitcham, Judge.

Daniel M. Hernandez of Daniel M. Hernandez, P.A., Tampa, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Johnny T. Salgado, Asst. Atty. Gen., Tampa, for appellee.


Anthony Patino appeals his guidelines departure sentence, arguing that the record does not support the reasons given for the departure. We agree the record does not support the first reason, "emotional trauma to the victim." However, the record clearly supports the second reason, "escalating pattern of criminal activity." Barfield v. State, 594 So.2d 259 (Fla. 1992).

From the trial judge's comments at sentencing, it is clear that even in the absence of the invalid departure reason, the judge would have departed from the guidelines on the remaining valid departure reason. Therefore, a remand for resentencing is not necessary. Nixon v. State, 572 So.2d 1336 (Fla. 1990), cert. denied, ___ U.S. ___, 112 S.Ct. 164, 116 L.Ed.2d 128 (1991). Accordingly, we affirm the departure sentence.

SCHOONOVER, A.C.J., and FULMER, J., concur.


Summaries of

Patino v. State

District Court of Appeal of Florida, Second District
Jul 1, 1994
638 So. 2d 620 (Fla. Dist. Ct. App. 1994)
Case details for

Patino v. State

Case Details

Full title:ANTHONY PATINO, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Jul 1, 1994

Citations

638 So. 2d 620 (Fla. Dist. Ct. App. 1994)