Cummings v. State

The defendant appeals an upward departure from the sentencing guidelines. We reverse.

During the defendant’s probation from a grand theft conviction, he committed a burglary. As a consequence, an affidavit of probation violation and an information charging him with burglary were filed. The defendant entered a plea of guilty to the burglary charge and admitted the probation violation. At his sentencing, the assistant state attorney and defense counsel stipulated to a one cell upward departure from the recommended sentence based on the probation violation. The recommended sentence thus was…