State v. Singletary

The state appeals from a downward departure from the sentencing guidelines. For the following reasons, we reverse.

Defendant was charged with separate offenses in two different cases. At his arraignment on the charges in one case, the state presented to the trial court a guidelines scoresheet which listed only one of the pending cases and thus had been incorrectly calculated to show a 2½ to 3¾⅛ year range. The state was not aware of the error and did not extend a plea offer. One and one-half months later, both cases were before the court for report. Based upon a plea offered by the court, the…