Phillips v. State

While the reasons articulated by the trial judge for an upwards departure are indeed valid and sustained by the record, all but one were known to the trial judge when he imposed the first sentence of 30 months, followed by I2V2 years of probation. After this sentence was announced, Phillips’ attorney stated that Phillips preferred that the judge “go up” one bracket and impose a “departure sentence” which did not entail any time on probation. Defense counsel relied on our decisions in Holley v. State, 483 So.2d 854 (Fla. 5th DCA 1986) and Williams v. State, 522 So.2d 1022 (Fla. 5th DCA 1988).…