Brainard v. State

ALTENBERND, Judge.

We affirm the defendant’s sentence which departed from guidelines, but remand for a correction of the sentence to reflect credit for jail time served. Mr. Brainard was sentenced to ten years’ im*79prisonment, to be followed by five years’ probation, for possession of marijuana in excess of one hundred pounds. The sentence was imposed on a 1976 offense following a violation of probation. The violation of probation involved a 1987 federal charge of possessing counterfeit money, as well as a technical violation. Mr. Brainard elected to be sentenced under the guidelines.

Between the…