Terrell v. State

JOANOS, Judge.

James Monroe Terrell appeals from judgments and sentences in which the trial court departed from the recommended guideline sentence. Terrell alleges the trial court erred in: (1) sentencing pursuant to the guidelines for three offenses which occurred prior to the effective date of the guidelines, in the absence of an affirmative selection; and (2) departing from the recommended guideline sentence in the absence of clear and convincing reasons for departure. We reverse and remand.

Terrell has been convicted and sentenced on four separate counts of burglary. Each of the first three…