Johnson v. State

The defendant William Johnson appeals from a judgment of conviction and sentence for grand theft entered below upon an adverse jury verdict. His sole contention on appeal is that the trial court erred in imposing a sentence upon him which departs upward from the sentencing guidelines. The state has filed a brief in which it confesses error in this respect on the ground that the trial court’s written reasons for departing from the sentencing guidelines, which were noted on the sentencing scoresheet,1 do not constitute a sufficient basis upon which to justify the subject departure. We agree and…