Jones v. State

I write so the remaining members of this court and the other district courts of appeal can compare the factual underpinnings of our decision to those of seemingly similar cases that come before them for review.

The trial court’s order recites, in part:

1. The Court, in sentencing the Defendant pursuant to his request to be sentenced pursuant to the new sentencing guidelines, hereby determines that the Court must depart from the recommended guidelines range in sentencing this Defendant.

2. The Court is of the opinion that a departure is necessary because the Defendant committed a crime while out…