Gray v. State

ERVIN, Judge.

Austin James Gray raises two issues in his appeal. Finding no merit in the first issue, we address only the second, urging that the lower court erroneously imposed a sentence in excess of the sentencing guidelines, and, upon concluding that seven of the eight reasons given for departure by the trial court are invalid, we reverse the departure sentence and remand the cause for resentencing.

Appellant argues that the trial court failed to offer any valid reason for departure from the recommended range.1 Of the eight reasons advanced for departure by the trial court, we conclude that…