Rooney v. State

COBB, Judge.

In this appeal, the defendant argues that a departure sentence imposed by the trial court was improper. We agree.

James B. Rooney entered into a plea agreement in Case Number 91-16042 and then entered into a separate presentencing release agreement which he subsequently violated giving rise to Case Number 92-7018. At issue here is the trial court’s departure sentence in Case Number 91-16042. The court listed violation of the release agreement (new crimes and contact with victim) and threats against a witness as grounds for departure. The state does not maintain that a Quarterman1…