Sulzbach v. State

JOANOS, Judge.

Frederick Xavier Sulzbach, Jr. appeals judgments and sentences ordering him to concurrent terms of prison for nine years and five years. He argues that the trial court erred in departing from the recommended sentencing guidelines. We find the sentences to be in error, and therefore affirm the convictions, but reverse and remand for resentencing.

On September 10,1986, appellant entered pleas of nolo contendere to uttering a forged instrument and escape. The recommended guideline senténce based upon the scoresheet used was seven to nine years incarceration. The trial court…