Ewell v. State

SHARP, W. J.,

concurring in part; dissenting in part.

I agree with the majority opinion that the record does not support the trial court’s upward departure sentence based on its finding of an escalating pattern of criminal activity. The judge stated that Ewell had committed fraudulent use of medical reports to facilitate criminal activity. This finding was completely unsupported by the evidence and could only have been premised on the judge’s disbelief of Ewell’s medical testimony.1

However, I respectfully disagree with the majority opinion that Ewell had the ability to pay her restitution. The…