State v. Kinsman

COBB, Judge.

The state challenges the entry of a downward departure sentence by the trial court for the appellee, Kinsman, who had pled guilty to burglary and petit theft. The basis for the departure sentence, as stated by the trial court, was that Kinsman was addicted to alcohol and should receive treatment. The state contends that there was insufficient record evidence to support the court’s determination that Kinsman had a substance abuse problem at the time the offense was committed and, moreover, the trial court failed to make any finding that Kinsman was amenable to treatment. See State…