Filmore v. State

ON MOTION FOR REHEARING

DAUKSCH, Judge.

Upon consideration of the Motion for Rehearing, we withdraw the prior decision in this case and substitute the following opinion.

The defendant pled guilty to violating community control and appeared for sentencing. The trial court departed from the guidelines for the sole reason that:

The defendant previously served 3 yrs. in D.O.C. on this charge. To stay within the guidelines would require that no sentence be imposed for his violation of probation.

The defendant timely appeals his departure sentence.

A trial court can depart beyond the next cell for a…