Saldana v. State

SCHWARTZ, Chief Judge.

Finding Saldana guilty of theft of a motor vehicle, the trial court revoked the defendant’s two year probation and sentenced him on the original burglary charge to a six-cell upward deviation from the guidelines. The reasons for the sentence were stated as follows:

Advance 6 cells — Def. was on Probation Less than 5 months before he stole the car — Observing the demeanor of the defendant indicates a complete inability to abide by the Law.

We find neither ground sufficient to support the departure.

1. It seems clear that the mere fact that the appellant violated a two-year…