Davis v. State

ERVIN, Judge.

Davis appeals from a sentence imposed outside of the sentencing guidelines. We reverse and remand for resentencing.

Davis was charged by information with burglary of a structure and aggravated battery. Following a jury trial, Davis was found guilty of the lesser included offenses of burglary of a dwelling and simple battery. A guidelines scoresheet was prepared, recommending Qk-£k years imprisonment.1

At the sentencing proceeding, the trial court departed from the recommended range, sentencing appellant to ten years on the burglary count and one year on the battery count, to run…