Riggins v. State

LEHAN, Judge.

Defendant appeals from his sentence for dealing in stolen property and aggravated battery and contends that the trial court improperly departed upward from the guidelines recommended sentence. We agree, reverse, and therefore need not deal with his additional contention that the sentence exceeded the statutory maximum.

In the trial court’s narrative description of the basis for departure the only reasons we can perceive which might arguably be proper under the case law are (1) that “defendant’s past criminal behavior indicates such a pattern as to warrant this court departing from…