Smith v. State

BOARDMAN, EDWARD F., (Ret.) Judge.

The appellant, Neal Smith, seeks review of the trial court’s imposition of a departure sentence after he pleaded guilty to burglary of a structure and grand theft. We affirm Smith’s conviction, but remand for resentencing within the guidelines.

At the plea hearing, the trial court placed the following conditions on sentencing Smith within the guidelines recommended range of any nonstate prison sanction:

1. That the Defendant be truthful concerning his prior criminal history.

2. That the Defendant appear for sentencing on 20 January 1986 at 9:30 A.M.

3. That the…