Musgrove v. State

In this appeal of a sentence more lengthy than the presumptive sentence under the sentencing guidelines, the appellant contends, first, that the reasons given by the trial court for imposing a departure sentence were not clear and convincing and, second, that the extent of the departure sentence imposed is excessive. We agree with appellant’s first contention, and thus need not reach the second. We reverse and remand.

The trial court’s written statement of reasons for departure provides:

The Defendant has a substantial juvenile record involving theft and burglary offenses which are not scored…