Bowen v. State

PATTERSON, Judge.

The appellant challenges the sentence imposed upon her following the revocation of her probation. She argues that the trial court erred in exceeding the presumptive guidelines sentence on the basis of her multiple violations of probation. We agree and reverse.

The trial court stated that it was not going to follow the guidelines because of the “timing, rapid succession, number of violations and the egregiousness of her probation violations.” The state interprets the trial court’s statement to mean that the departure was based on the appellant’s escalating pattern of criminal…