Opinion
No. 94-0158.
May 10, 1995. Motion for Rehearing or to Certify Question Denied June 14, 1995.
Appeal from the Circuit Court for Martin County; Larry Schack, Judge.
Richard L. Jorandby, Public Defender, and David McPherrin, Asst. Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and William A. Spillias, Asst. Atty. Gen., West Palm Beach, for appellee.
AFFIRMED.
POLEN and KLEIN, JJ., concur.
STONE, J., concurs specially with opinion.
I concur specially to note that in my judgment, a record of prior misdemeanors alone should not be permitted to serve as a basis for deviating from the sentencing guidelines on the grounds of an escalating pattern of criminal conduct. However, I acknowledge that we have previously recognized, albeit indirectly, that the commission of a single felony following a misdemeanor record may furnish sufficient basis for finding a pattern of increasingly serious activity. See Darrisaw v. State, 642 So.2d 615 (Fla. 4th DCA 1994), rev. granted, 650 So.2d 991 (Fla. 1995).