Mitchell v. State

Joseph Mitchell was charged with violating his community control by possessing cocaine, by failing to answer inquiries truthfully, by failing to seek employment as instructed, by failing to remain at his residence at a required time, and by making two sales of crack cocaine. Mitchell’s scoresheet, including a one-cell upward departure, placed him in the recommended range of twelve to thirty months’ incarceration. The trial judge sentenced Mitchell to five years imprisonment, citing as his reasons Mitchell’s short time on community control, continued involvement with drugs and escalating…