VELEZ V. STATE

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2004 SAMUEL G. VELEZ, ** Appellant, ** vs. ** THE STATE OF FLORIDA, ** CASE NO. 3D04-2575 Appellee. ** LOWER TRIBUNAL NO. 90-16875 Opinion filed November 10, 2004. An Appeal under Fla. R. App. P. 9.141(b)(2) from the Circuit Court of Miami-Dade County, Israel Reyes, Judge. Samuel G. Velez, in proper person. Charles J. Crist, Jr., Attorney General, for appellee. Before GREEN, FLETCHER and RAMIREZ, JJ. PER CURIAM. Affirmed. 1991) (stating See Hernandez v. State, 575 So. 2d 640, 642 (Fla. that Our case law holds that a departure sentence may be proper where a person's criminal record exhibits an escalating course of criminality ), citing Keys v. State, 500 So. 2d 134, 135 (Fla. 1986). 2

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