State v. Johnson

KELLY, Judge.

The State appeals from the downward departure sentence imposed on Darius Q. Johnson following his nolo contendere plea to uttering a counterfeit instrument. We reverse because the trial court’s reasons for departure from the recommended guidelines sentence are not supported by competent, substantial evidence.

Johnson’s recommended guidelines sentence was 119 months in state prison. 1 The prosecutor requested that the court impose the guidelines sentence because Johnson’s prior record consisted of serious offenses, for which he served twenty years, and the charged offense occurred…