Westover v. State

The defendant appeals his convictions for arson in the first degree, burning to defraud, and insurance fraud, for which he received concurrent terms of thirty years’ probation on the arson count, and five years’ probation on the other two counts. The guidelines scoresheet recommended a range of two and one-half to three and one-half years’ imprisonment. The state cross-appeals from the departure sentence.

We find no merit in the issues raised by the defendant and affirm his conviction. However, we agree with the state that the trial judge erred in departing downward from the recommended…