State v. McCalister

OPINION

RANDALL, Judge.

This is an appeal by the state from a dispositional departure for the offense of receiving stolen property. We affirm.

FACTS

Respondent McCalister was charged by separate complaint with receiving stolen property and with a fifth degree controlled substance offense (possession of cocaine) arising from separate incidents. McCalis-ter was tried by the court, and convicted, of receiving stolen property. He then entered a guilty plea on the possession offense. The plea agreement provided that the two offenses were to be sentenced concurrently-

McCalister had accumulated 170 days…