Rivero v. State

W. SHARP, Judge.

Rivero appeals from his sentences imposed after a jury convicted him of delivery of cocaine,1 and possession of a controlled substance.2 He received concurrent 15 and 25 year sentences, which departed above the permitted range under the guidelines. The reason given for departure was:

Defendant released from DOC on 10/6/88 after serving 2Vh years for deliv*428ery of cocaine and committed this offense of delivery of cocaine on 10/29/88, less than 30 days after released.

Although this court has held that the commission of one offense shortly after release from prison may be relied upon…