Abro v. State

WELCH, Judge.

Johnny Lavorso Abro appeals the Montgomery Circuit Court’s decision to depart from the non-prison dispositional recommendation of the presumptive sentencing standards (“the presumptive standards”), see § 12-25-34.2, Ala.Code 1975, and instead, to sentence him to prison. We reverse and remand.

On August 7, 2014, Abro pleaded guilty to third-degree burglary, a violation of *463§ 1SA-7-7, Ala.Code 1975, and to second-degree theft of property, a violation of § 13A-8-4, Ala.Code 1975. The burglary conviction was subject to the voluntary sentencing guidelines, and the theft conviction was…