Richardson v. State

Keith John Richardson appeals from the trial court’s imposition of a guideline departure sentence. We find all three reasons given for departure to be invalid, and reverse and remand for resentencing.

The record indicates that Richardson pled nolo contendere in November of 1986 to one count of conspiracy to commit robbery. When he failed to appear for sentencing, a capias was issued. He was eventually arrested in September 1987, and was sentenced the following month to five years probation with the condition that he serve eight months in county jail. In December 1987, he was released from the…