Clark v. State

Roderick Clark challenges his fifteen year sentence for arson as an improper departure from the sentencing guidelines. We agree and remand for sentencing within the guidelines.

The trial court gave two reasons for imposing a departure sentence, release from jail within six months of the violation and an escalating pattern of criminal conduct. Neither reason is supported by the record. Appellant violated his probation within six months of his release from county jail, and the trial court listed this factor as justifying a departure sentence' pursuant to section 921.0016(3)(e), Florida Statutes…