Isgette v. State

HERSEY, Chief Judge.

Upon revocation of appellant’s probation for intentionally running over one Greyson with his car, he elected to be sentenced under the guidelines. The sentence of five years in prison represents a four-category departure from the “any nonstate prison sanction” presumptive sentence justified by appellant’s thirty-three points, and he appeals.

Four reasons were given in the “order of departure” entered by the trial court. The first was:

The Court finds that the primary purpose of sentencing is to punish the offender, as stated in F.R.Cr.P. 3.701(b)(2), and the Court find that…