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638 So. 2d 620

Patino v. State

District Court of Appeal of Florida · decided 1994-07-01

Relies on Needler v. Valley National Bank of Arizona · 572 So. 2d 1336 - Nixon v. State · Barfield v. State

Decided 1994-07-01

BLUE, Judge.

¶1Anthony 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).

¶2From 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.
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