Favors v. State

DAUKSCH, Judge.

This is an appeal from a sentence. Because the sentencing judge departed from the recommended guideline sentence, we vacate the sentence and remand for resen-tencing. Also, because the judge failed to give credit for jail time appellant had already served, we direct that the court give him the credit due.

Appellant was sentenced for two delivery of cocaine charges and the trial judge departed from the guideline sentence because one of the charges followed shortly after he had been placed on probation for the other charge. Both of these convictions were pending before the court…