Platt v. State

This is an appeal of a sentence which departed from the sentencing guidelines. We reverse.

Appellant was charged with second degree felony murder (Count I); trafficking in cocaine over 400 grams (Count II); and conspiracy to traffic in cocaine over 400 grams (Count III). Pursuant to an agreement with the state, appellant pled no contest to the charge of accessory after the fact to trafficking in cocaine and the state nol-prossed Counts I and III.

The guidelines called for any non-state prison sanction and the court departed, sentencing the appellant to five years in prison. The reasons for…