Holder v. State

PEARSON, TILLMAN (Ret.), Associate Judge.

Holder challenges a five-year sentence imposed by the trial court upon his plea of nolo contendere subsequent to a December 20, 1984, arrest for grand theft. Appellant urges error in calculation of his recommended sentence and argues that his prior record may not be used as a clear and convincing reason to go outside the recommended guidelines range. We reverse and remand for sentencing.

Holder’s presentence report reveals 29 worthless check convictions, one conviction for embezzlement, and a conviction for three counts of forgery. The convictions were…