Fuller v. State

DAUKSCH, Judge.

This is an appeal from convictions for resisting an officer without violence, depriving a law enforcement officer of his means of protection, escape and battery. Appellant argues that the trial court erred in departing from the sentencing guidelines based on a finding that the deputy involved in the altercation had suffered excessive psychological trauma. We agree.

Appellant’s recommended guideline sentence was community control or twelve to thirty months in prison. With the permitted range, appellant’s sentence was any non-state prison sanction to three and one-half years.…