Stokes v. State

ZEHMER, Judge.

This is an appeal from a sentence imposed for appellant’s violation of probation and for the subsequent offense which formed the basis of the violation of probation.1 Appellant asserts as error the lower court’s one cell upward departure from the recommended guidelines sentence for these two offenses. The pertinent facts are as follows.

In 1982, upon being convicted of burglary, appellant was placed on three years probation. He violated the probation imposed for the 1982 conviction on three occasions: in 1983 he was convicted of petit theft; in 1985 he was convicted of burglary,…