Brown v. State

NIMMONS, Judge.

This an appeal from an upward departure sentence. We affirm.

Appellant pled guilty to the offenses of attempted possession of a firearm by a convicted felon and carrying a concealed firearm. The trial judge departed from the guidelines sentence (any nonstate prison sanction) and imposed concurrent sentences of 30 months in each case.1 In his written order, the judge stated the following reasons for departure:

Timing of Instant Offenses

The Defendant committed the instant offenses approximately ten months after his release from imprisonment for a prior offense. The Defendant was…