Williams v. State

SHIVERS, Chief Judge.

This appeal is from a sentencing guidelines departure. We reverse.

Williams is a homeless ex-marine. He was charged with burglary of a conveyance; and he pled no contest in return for a guideline sentence, which was any nonstate prison sanction, community control, or a term of incarceration not in excess of twenty-two months.

At the sentencing hearing Williams told the trial judge that because he is a “street person” without a residence or prospects of a job, he did not feel he could meet the conditions of probation, such as payment of fines and maintenance of a permanent…