Cotton v. State

DANAHY, Chief Judge.

The appellant challenges his departure sentences totaling ten years incarceration, based on a scoresheet reflecting a recommended range of community control or twelve to thirty months in state prison. We agree with the appellant that the trial judge failed to state clear and convincing reasons for the departure, and we reverse the sentences.

The appellant pled guilty to one charge of possession of marijuana and one charge of possession of marijuana with intent to sell and deliver. At the sentencing hearing, the trial judge read a portion of the appellant’s presentence…