Powell v. State

POLEN, Judge.

Austin Powell appeals his judgment and sentence for possession and sale of cocaine, plus violations of probation from two prior cases. He challenges the validity of his sentence, both as an impermissible upward departure from the sentencing guidelines, and because it was conducted via closed circuit video procedures. We agree with appellant on both points and reverse.

Appellant’s permitted guideline range called for two and one-half to five and one-half years in state prison. The trial court departed from the guidelines and sentenced him to fifteen years, based on the court’s oral…