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540 So. 2d 936

540 So.2d 936

14 Fla.L.Weekly 879

Campbell v. State

District Court of Appeal of Florida · decided 1989-04-07

Relies on 488 So. 2d 523 - State v. Mischler · 515 So. 2d 748 - Shull v. Dugger · 500 So. 2d 134 - Keys v. State

Decided 1989-04-07

PER CURIAM.

¶1The defendant was convicted of possession of cocaine with intent to deliver. The sentencing guidelines recommended community control or 12 to 30 months incarceration. The trial judge departed upward, sentencing the defendant to 15 years imprisonment. The judge offered five reasons for departure. The state concedes that four of the reasons are invalid. We agree.

¶2The one reason which can be valid concerned the defendant’s pattern of behavior. Williams v. State, 504 So.2d 392 (Fla.1987); Keys v. State, 500 So.2d 134 (Fla.1986). However, there is insufficient evidence in the record to support that reason. State v. Mischler, 488 So.2d 523 (Fla.1986).

¶3*937Accordingly, we vacate the defendant’s sentence and remand for resentencing within the recommended guidelines range. Shull v. Dugger, 515 So.2d 748 (Fla.1987).

CAMPBELL, C.J., and SCHEB and HALL, JJ., concur.
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