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539 So. 2d 23

539 So.2d 23

14 Fla.L.Weekly 594

Hair v. State

District Court of Appeal of Florida · decided 1989-03-03

Cited by 3 later decisions — most recently January 1991

3 state decisions

Relies on 519 So. 2d 1118 - Miller v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1989-03-03

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FRANK, Judge.

¶1The appellant Hair has appealed from a guidelines sentence greater than the permissible one-cell increase following the violation of probation. The trial court’s sentencing order contains a detailed statement of Hair’s criminal history, and undoubtedly the major impetus for departure was his “pattern of behavior indicating he is clearly a menace to society and a danger to the public.” We held this very reason for departure invalid in Miller v. State, 519 So.2d 1118 (Fla. 2d DCA 1988), and we must again reject it.

¶2Reversed and remanded for sentencing within the guidelines.

DANAHY, A.C.J., and HALL, J., concur.
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