Cassell v. State

HALL, Judge.

Charles Cassell appeals his conviction for burglary and grand theft. Appellant raises two points on appeal. We find no merit to the first point on appeal, but agree that the trial court erred in sentencing appellant.

After a jury found appellant guilty of both offenses, the trial judge departed from the presumptive guidelines range of three years and sentenced appellant to five years’ imprisonment on each offense, to run concurrently.

Appellant contends that the reasons used for departure are invalid and do not justify a departure from the recommended guidelines sentence.

Several of…