Colvin v. State

Defendant below appeals the trial court’s revocation of community control and its upward departure sentence on written order. We affirm the revocation of community control, but find that the upward departure cannot be sustained.

In May, 1985, while he allegedly was under the influence of alcohol and/or drugs, appellant used his car to run down an acquaintance. He also struck a child on a bicycle and a bystander. After hitting his acquaintance, appellant got out of his car and inflicted additional serious and permanent injuries on the acquaintance by kicking him. In February, 1987, a jury…