State v. Mitchell

The state appeals from a downward departure sentence entered upon a negotiated plea between the defendant and the court over the state’s objection. We agree with the state that the trial court failed to set forth clear and convincing reasons for the departure sentence, and we reverse.

In July 1987, the defendant pled guilty to grand theft and was placed on probation. While on probation, the defendant was charged by four different informations with offenses covering four separate criminal episodes all of which occurred within a two-month period. The charges included robbery, two counts of grand…