Hope v. State

District Court of Appeal of Florida

Decided July 14, 1999

District Court of Appeal of Florida · decided 1999-07-14

Cited by 2 later decisions — most recently October 2001

2 state decisions

Key passage — most relied on by later courts

“one of the reasons given by the trial court for departure is valid-i.e., that [Hope] is not amenable to rehabilitation as evidenced by an escalating pattern of criminal conduct.”

quoted by 1 later decision, including 797 So. 2d 1252 - Hope v. State

“the addition of thirty points for a prior serious felony to [Hope's] scoresheet because [Hope] failed to preserve this issue for appellate review.”

quoted by 1 later decision, including 797 So. 2d 1252 - Hope v. State

Relies on 660 So. 2d 269 - State v. Darrisaw · 715 So. 2d 960 - Hyden v. State · 724 So. 2d 643 - Tanner v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1999-07-14

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PER CURIAM.

¶1Appellant, Ricky Hope, was convicted by jury of attempted first degree murder and sentenced to the statutory maximum of thirty years imprisonment. We affirm the upward departure sentence upon our finding that one of the reasons given by the trial court for departure is valid — i.e., that appellant is not amenable to rehabilitation as evidenced by an escalating pattern of criminal conduct. See State v. Darrisaw, 660 So.2d 269 (Fla.1995).

¶2We affirm the addition of thirty points for a prior serious felony to appellant’s scoresheet because appellant failed to preserve this issue for appellate review. Hyden v. State, 715 So.2d 960 (Fla. 4th DCA 1998); Tanner v. State, 724 So.2d 643 (Fla. 1st DCA 1999).

¶3AFFIRMED.

WARNER, C.J., KLEIN and TAYLOR, JJ., concur.