Bright v. State

Appellant complains on appeal of the refusal of the lower court to allow him to withdraw his plea and he contends that he was given an improper upward departure *1219sentence. We find no merit in appellant’s first argument; however, it does appear that appellant’s sentence is an invalid departure.

Appellant’s maximum allowable sentence under the guidelines was 208.125 months. The lower court, by stacking the minimum mandatories on six of appellant’s charges, sentenced the appellant to a total of eighteen years (216 months). It appears from the record that it was recognized below that this sentence…