Nichols v. State

LEHAN, Judge.

Defendant appeals from the following sentences: thirty months incarceration for grand theft after defendant’s violation of probation which had been imposed for the grand theft offense and, consecutive to the foregoing thirty months, two concurrent sentences of thirty months incarceration for possession of a controlled substance and carrying a concealed weapon.

Defendant contends that these sentences constituted improper departures from the sentencing guidelines. Defendant’s argument is that the trial court improperly used as his reason for departure defendant’s violation of a…