McGriff v. State

SHIVERS, Chief Judge.

This is an appeal of a sentence departing upward from the guidelines. We vacate the sentence and remand.

McGriff pled nolo contendere to three counts of violation of community control and one count of probation. The guideline score called for community control or 12-30 months incarceration. The trial judge departed from the guidelines and gave McGriff consecutive maximum sentences of 15 years imprisonment on the three counts of violation of community control and 5 years imprisonment on the violation of probation. This sentence totaled 50 years.

McGriff argues on appeal that…