Jackson v. State

STEVENSON, Judge.

Appellant challenges the trial court’s denial of his post-sentencing motion to withdraw his plea of nolo contendere to two counts of felony petit theft, as well as his departure sentence of two consecutive five year terms of incarceration. We affirm the denial of appellant’s motion to withdraw his plea, finding that it was entered knowingly and voluntarily. However, we reverse the departure sentence and remand for resentencing in accordance with the sentencing guidelines, as neither ground relied upon for the departure is supported by the record.

The trial court relied upon…