Hale v. State

The trial judge sentenced Hale to the maximum possible statutory sentence — fifteen years. It was a departure of seven brackets beyond the recommended guidelines sentence, had they been affirmatively elected and applicable.

In this case, the trial judge gave the following written reasons for his departure sentence, since he thought he was obligated to render a guidelines sentence:(1) Same offense — flagrant disregard for probation(2) Same M.O. as in 1982/83

*94(3) No evidence of remorse or rehabilitation(4) Incredible testimony — obviously not telling the truth(5) Same story used in 1983(6) Stolen…