State v. Davis

PATTERSON, Judge.

The state contends on appeal that the trial court used the wrong scoresheet in sentencing appellee and erred in departing downward from the recommended guideline range. We reverse for computation of appellee’s sentence using the correct score-sheet; however, we hold that two of the three reasons given for departure are valid and may be used again, in the trial judge’s discretion, to depart downward.

Appellee pled nolo contendere and was adjudicated guilty of racketeering and multiple counts of robbery and kidnapping. In sentencing, the court used a category four scoresheet…