Smith v. State

SHARP, Judge.

The state agrees that the sentences imposed on Smith for three criminal proceedings involving third degree felonies exceeded the recommended sentencing guidelines range, and the permitted one-bracket bump-up for violation of probation, without any written reasons being given for the additional departure. In addition, the sentences imposed in two of the cases also exceed the statutory maximum for third degree felonies. The three cases had been combined below for sentencing.

The trial court sentenced Smith, after remand, to 3V2 years in prison followed by IV2 years on community…