Opinion
No. 89-01973.
March 22, 1991.
Appeal from the Circuit Court for Pinellas County; Crockett Farnell, Judge.
James Marion Moorman, Public Defender, Bartow, and Allyn Giambalvo, Asst. Public Defender, Clearwater, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Brenda S. Taylor, Asst. Atty. Gen., Tampa, for appellee.
We agree with the appellant that the first and third guidelines departure reasons given by the sentencing judge are invalid. However, the second reason which refers to an escalating course of criminal conduct has been approved as a permissible reason for departing from a guidelines recommendation. See Keys v. State, 500 So.2d 134 (Fla. 1986) and Baker v. State, 530 So.2d 402 (Fla. 1st DCA 1988).
Accordingly, we affirm the appellant's judgments and sentences. Section 921.001(5), Florida Statutes (1987).
SCHOONOVER, C.J., and RYDER and CAMPBELL, JJ., concur.