State v. Robinson

The state appeals from the trial court’s departure downward from the sentencing’ guidelines.

Defendant pleaded guilty to five counts of sale and three counts of possession of cocaine. His scoresheet was tabulated for a total of 115 points, which called for a guidelines sentence of from two and one-half to three and one-half years. The trial judge deviated from the guidelines downward and imposed upon defendant one year of community control with county jail time (and recommended work release) as a condition. Two reasons were given for the departure: (1) the small amount of cocaine involved in…