State v. Clary

THOMPSON, Judge.

The state appeals Anthony Michael Clary’s sentence contending that it was an improper downward departure because, although the court entered departure reasons 30 days after sentencing, it did not enter reasons contemporaneous with sentencing.

Clary was convicted of armed burglary and armed robbery, and the maximum sentence he could have received was life imprisonment as a habitual offender. Two sentencing guidelines seoresheets were presented to the trial court: one from the prosecutor showing 368 points, and one from a probation officer showing 269 points. The scoresheet…