Chisholm v. State

Appellant’s sentence to six years in prison, in case no. 93-462, exceeds the guidelines-permitted range of two and one-half to five and one-half years incarceration. At sentencing, the court and all the parties were under the mistaken impression that the range under the scoresheet was three and one-half to seven years.

Although Appellant acknowledged at sentencing that he was facing a potential seven year sentence, this cannot be construed as acquiescence to the higher grid where neither he nor the court understood that the sentence to be imposed was a guidelines departure. See Calleja v.…