State v. Douglas

The State appeals the trial court’s imposition of a downward departure sentence after Appellee entered an admission to violating his probation. While Appellee’s scoresheet resulted in a minimum recommended sentence of 48.45 months' imprisonment, the trial court sentenced Appellee to one year in county jail. The State argues, and we agree, that the trial court’s reason for departure was not supported by competent, substantial evidence.

When imposing a downward departure sentence, the trial court must determine whether there is a factually supported, legal ground for departure and whether…