State v. Frost

SHERAN, Chief Justice.

This is an appeal from a number of concurrent sentences for convictions of five charges of theft by swindle over $150 committed by defendant before the Sentencing Guidelines became effective. The trial court, proceeding under the Guidelines even though technically not required to do so, departed from the presumptive sentence— which would have been to place defendant, who is. a “first offender,” on probation — and sentenced him to five concurrent 40-month prison terms. Defendant, who seeks a remand for resentencing, contends that in deciding to depart, the trial court…