Thicklin v. State

SHIVERS, Chief Judge.

This is an appeal of a sentence departing upward from the guidelines. We vacate the sentence and remand.

Thicklin pled nolo contendere to sale of cocaine and violation of community control from a prior conviction for possession of cocaine and drug paraphernalia. Including the one cell bump for violating community control, the maximum sentence under the sentencing guidelines was 4½ years. The trial court departed upward from the guidelines and sentenced Thicklin to 1⅝ years in prison and 7½ years probation on the sale of cocaine charge and 5 years in prison for the prior…