Jackson v. State

COWART, Judge.

The defendant appeals a guidelines departure sentence imposed after a violation of probation. The trial court gave several written reasons for departure. We find the reasons inadequate and vacate the departure sentence.

The trial court’s reason that the defendant’s behavior shows a continuing and persistent and escalating pattern of criminal conduct is not supported by the record. The sentence under review was imposed for a non-violent third degree felony.1 The defendants subsequent offenses were a non-violent third degree felony 2 and a nonviolent first degree misdemeanor.3 This…