State v. Daniels

CRENSHAW, Judge.

The State appeals the downward departure sentence imposed on John Craig Anthony Daniels after he entered an open plea of nolo contendere to one count each of criminal mischief, burglary of a structure, resisting arrest 'without violence, and possession of drug paraphernalia. Daniels was sentenced to time served for each count, except for burglary of a structure, for which he received a sentence of 42 months’ prison. His sentencing scoresheet indicated the lowest permissible sentence was 53.1 months’ prison. The State argues, and Daniels concedes, that the trial court…