Lee v. State

SCHEB, Judge.

Defendant Robert Lee, a/k/a Willie Smith, challenges the trial court’s imposition of an upward departure sentence based on his “ever increasing pattern of criminal activity.” This reason is a valid basis for departure from the recommended range of the sentencing guidelines. The record, however, does not support it, and we reverse.

On December 15, 1981, the defendant was charged with grand theft and later failed to appear for trial. After remaining at large for some time, he pled guilty on November 19, 1987 and was sentenced on July 11, 1988. Prior to this offense the defendant had…