White v. State

James White appeals his convictions and sentences for burglary and dealing in stolen property. We affirm the convictions, but agree that the trial court erroneously added ten points for “legal constraint” when calculating White’s guideline sentence.

The only apparent justification for the addition of these points stems from the fact that, prior to his arrest in the instant case, White once had failed to appear to answer a misdemeanor charge. Had he remained a fugitive from the county court, White would have been under “legal constraint” for purposes of guideline sentencing. Gemme v. State, 508…