Gill v. State

CANADY, Judge.

Clifton Gill appeals an upward departure sentence imposed under the 1994 sentencing guidelines in a Heggs1 resentencing proceeding. The State cross-appeals the sentence. Both Gill and the State challenge the trial court’s determination concerning the offense severity level on Gill’s guidelines scoresheet. Gill also contends that the departure was imposed for an improper reason and was unsupported by the facts. We conclude that both Gill’s challenge to the upward departure and the State’s challenge to the determination concerning offense severity level have merit. We remand for…