Shores v. State

Michael Timothy Shores appeals the upward departure sentence imposed upon re-sentencing below. Because the trial court identified no valid basis for departure, we reverse and remand for resentencing within the guidelines range. Contending the written reasons for departure — that he violated his probation by engaging in conduct similar to the original offense and had been designated as a sexual predator as a result of the original offense — were invalid grounds for departure, Mr. Shores also appeals the summary denial of his postcon-viction claim that counsel was ineffective for failing to…