Dewberry v. State

ERVIN, Judge.

Dewberry appeals the lower court’s imposition of a five-year departure sentence, contending that the lower court based its sentence on the impermissible reason that during the term of appellant’s probation for the offense of possession of cocaine, he violated a condition of his probation by committing an unarmed sexual battery. Appellant urges that the lower court cannot rely upon the commission of a later crime during his probation as a reason for departing more than one cell above the recommended range, because the appellant, at the time of the entry of the departure sentence,…