State v. Nolasco

LEVY, Judge.

The State appeals the trial court's downward departure from the sentencing guidelines. We reverse based on our finding that the reason given for the downward departure was insufficient.

The Defendant pled guilty to the charges of attempted burglary of a structure and possession of burglary tools in exchange for the court’s offer of a ten year sentence. The presumptive guidelines sentence for these offenses ranged from twelve to seventeen years. The Defendant was sentenced to ten years (five years as to each count, to be served consecutively) with the trial court noting that, at the…