State v. Jerry

OPINION ON MOTION FOR REHEARING AND/OR CLARIFICATION OR REHEARING EN BANC

CLARK, J.

We grant Appellant’s Motion for Rehearing and/or Clarification or Rehearing En Banc in part, to the extent that we withdraw our August 6, 2009, opinion and substitute as follows:

The State appeals a downward departure sentence imposed by the trial court after Appellee’s plea of guilty to the six counts in the amended information. While Appellee’s sentence scoresheet resulted in a minimum guidelines sentence of 33.15 months’ imprisonment, the trial court sentenced Appellee to 48 months of imprisonment, suspended,…