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Hope v. State

District Court of Appeal of Florida, Third District
Jul 14, 1999
736 So. 2d 1256 (Fla. Dist. Ct. App. 1999)

Opinion

No. 98-2093.

Opinion filed July 14, 1999.

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Robert B. Carney, Judge; L.T. Case No. 96-16090 CF 10 A.

Richard L. Jorandby, Public Defender, and Ian Seldin, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and David M. Schultz, Assistant Attorney General, West Palm Beach, for appellee.


Appellant, 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).

We 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).

AFFIRMED.

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


Summaries of

Hope v. State

District Court of Appeal of Florida, Third District
Jul 14, 1999
736 So. 2d 1256 (Fla. Dist. Ct. App. 1999)
Case details for

Hope v. State

Case Details

Full title:RICKY HOPE, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Jul 14, 1999

Citations

736 So. 2d 1256 (Fla. Dist. Ct. App. 1999)

Citing Cases

Hope v. State

PER CURIAM. We have for review Hope v. State, 736 So.2d 1256 (Fla. 4th DCA 1999), which expressly and…