State v. Hughes

The trial court sentenced the appellee to 5.375 years in prison, which term represented the minimum guideline sentence. On ap-pellee’s motion for modification of sentence, the trial court suspended the entire term. According to the trial court, “suspension [did] not take it outside of the guidelines sentence. It remains a guideline sentence.”

On appeal, the state asserts that this constituted a downward departure without written reasons, and that the trial court should be required to impose a guidelines sentence on remand. The appellee correctly concedes that the sentence must be reversed. See…