Mendel v. State

CAMPBELL, Chief Judge.

Appellant, James Mendel, was found guilty of possession of cocaine and possession of a firearm during the commission of a felony. Although the guidelines score-sheet showed the sentencing range to be any nonstate prison sanction, the court departed and sentenced appellant to serve five years in prison on the cocaine count and fifteen years on the firearm count, consecutive. Appellant argues that the trial court used improper reasons to support the departure. We agree.

The trial court gave three reasons for departure: (1) Appellant’s status as a drug dealer; (2) the…