State v. Sigmen

The State appeals the trial court’s imposition of downward departure sentences after Appellee’s straight-up no contest plea to multiple counts in five cases. While Appellee’s scoresheet resulted in a minimum guidelines sentence of 88.9 months’ imprisonment, the trial court sentenced Appellee to concurrent terms of three years’ imprisonment followed by five years’ probation. The State argues, and Appellee concedes, that the trial court’s reason for departure was not based on competent, substantial evidence. We agree, reverse, and remand for resentenc-ing.

When imposing a downward departure…