Mackey v. State

HERSEY, Chief Judge.

The day after appellant was released on probation after serving a prison term for various convictions of theft, he committed the offenses at issue here, i.e., sexual battery, kidnapping, robbery and burglary. Appellant’s trial was interrupted by a declaration of mistrial; however, the trial court continued to take evidence on the charge of violation of probation, as a result of which appellant’s probation was revoked.

The sentencing guidelines scoresheet provided for a presumptive sentence of any non-state prison sanction. Departing from the guidelines, the court sentenced…