State v. Kelleher

CRENSHAW, Judge.

The State of Florida appeals the downward departure sentence imposed for Timothy Kelleher’s convictions of four counts of sale of illegal drugs, three of which were third-degree felonies and one of which was a second-degree felony. Pursuant to section 921.0026(2)©, Florida Statutes (2011), a court can impose a sentence below the Criminal Punishment Code guidelines if “[t]he offense was committed in an unsophisticated manner and was an isolated incident for which the defendant has shown remorse.” Id. Because the court erred in concluding the offense was committed in an…