Mauney v. State

LETTS, Judge.

When sentencing the defendant, the trial court departed upward from the recommended guideline range. The scoresheet included the written words “recent release from prison.” This notation was apparently the only reason for the departure and was based on an oral representation to that effect by the assistant state attorney. No objection was made. We affirm.

There are several cases standing for the proposition that departure is justified where only “a short period of time” has transpired between the crime at issue arid release from incarceration for some other transgression. Lee v.…