Brawn v. State

COBB, Judge.

Brawn appeals his conviction and sentence for grand theft. Brawn received a split sentence of five years incarceration whereafter thirty months, the balance would be suspended with the remainder to be spent on probation. This constituted a departure from the sentencing guidelines as Brawn’s scoresheet reflected a recommended range of “any non-state prison sanction.” Brawn claims that the written departure reasons provided by the trial court do not justify the increased sentence. We agree and reverse.

While employed as a physical education teacher at an elementary school, Brawn…