Pumphrey v. State

SHIVERS, Judge.

Joseph Pumphrey appeals his conviction for escape, while the state cross-appeals on the issue of the trial court’s downward departure from the sentencing guidelines. We affirm the conviction, but reverse and remand for resentencing.

The record indicates that the appellant was originally charged by information with three counts of grand theft in Case No. 85-1897, one count of uttering and one count of forgery in Case No. 85-2088, and two counts of grand theft and two counts of uttering in Case No. 85-4220. On December 5, 1985 he entered pleas of nolo contendere to all counts, in…