Tesney v. State

LAZZARA, Judge.

Fred Tesney appeals the trial court’s sentencing departure order following revocation of his probation, as well as the failure to award him proper credit for time previously served in prison. We conclude that the trial court’s reasons for departure were invalid and that the record does not reflect a proper award of jail credit. Accordingly, we reverse and remand for further proceedings.

Tesney was convicted by a jury of multiple counts of grand and petit theft in which the victim of his offenses was an elderly woman. The recommended guidelines sentencing range was any non state…