Smith v. State

SHARP, Judge.

Smith appeals two departure sentences1 which were imposed by the trial court following remand for resentencing from this court.2 The trial court originally imposed the statutory maximum sentences, which constituted a five-bracket departure upward from the presumptive sentence of any nonstate prison sanction. Without considering any additional matters or evidence, the trial court reimposed the identical sentences. We vacate the sentences because the reasons given are not clear and convincing under the guideline mandates, and because there is insufficient factual basis to support…