Neeley v. State

SHARP, Judge.

Neeley appeals his departure sentences, after his convictions for aggravated battery,1 possession of a weapon in the commission of a felony,2 aggravated assault3 and criminal mischief with damage of $200.00 or less.4 The presumptive guidelines sentence was five and one-half to seven years. The sentences given were ten years on the first three counts and 164 days on the last count, to run concurrently. This constituted a two-bracket departure upwards, and because the reasons to justify it were not clear and convincing, we vacate the sentences and remand for resen-tencing.

The…