Medlock v. State

SHARP, Judge.

This is the second time Medlock has appealed his departure sentence1 to this court2 and this is the second time we have had to rule that the reason given for aggravating his sentence is improper. What is unique about this case is the fact that the very reason the trial judge gave for departing the second time around, is one that we expressly held not to be supported by the record.

In the first appeal the trial judge gave as one reason to aggravate Medlock’s sentence “(3) This offense involved the sale of a controlled substance to inmates of the Correctional Institution.” In this…