Castro v. State

CAMPBELL, Acting Chief Judge.

Appellant challenges the revocation of his probation and the departure sentence imposed upon the revocation. While we find no error in the revocation of appellant’s probation, we do find error in the court’s fifteen-year departure sentence. Accordingly, we affirm the revocation, but reverse and remand for resentencing within the guidelines.

Appellant had entered negotiated pleas of guilty to aggravated battery and battery in case no. 95-7805, and to aggravated assault in case no. 95-8975. The plea agreement specified that the maximum penalty appellant faced for…