Ramsey v. State

COWART, Judge.

The defendant appeals a guidelines departure sentence imposed after a violation of probation.1 The trial court gave several written reasons for departure. We find the reasons inadequate and vacate the departure sentence.

The trial court’s reason, that the defendant’s prior record showed a continuing and persistent pattern of criminal activity, is not supported by the record. The sentence imposed was for a non-violent third degree felony.2 The defendant’s pri- *395or offenses were (1) a non-violent misdemeanor3 and (2) a non-violent second degree misdemeanor.4 The defendant’s…