Highsmith v. State

Robert Highsmith appeals the summary denial of his motion for postconviction relief. We reverse for further proceedings.

Of the various complaints raised in the motion, only one has possible merit. Hi-ghsmith alleges that his present nine year sentence constitutes a guidelines departure, that the sentence was imposed for an offense committed prior to the effective date of the sentencing guidelines, and that Highsmith never affirmatively requested to be sentenced under the guidelines.

If this matter were raised and proven on direct appeal, we would be compelled to reverse. See, e.g., Rodriguez…