Todd v. State

ORFINGER, Judge.

The trial court departed from the recommended guidelines sentence of community control or 12-30 months’ imprisonment and sentenced defendant to 5 years’ incarceration. The trial court’s reasons for departure can be summarized as follows:

1. Defendant violated his probation which is now being revoked.

2. The defendant has an extensive history of Category 6 (Theft, Forgery, Fraud) convictions.

3. Defendant has made no effort to rehabilitate himself nor is there hope for his rehabilitation.

4. Defendant has a guilty mind as indicated by his prior record and the fact that he used a…