McClure v. State

Defendant appeals from the revocation of his probation and from the trial court’s upward departure from the sentencing guidelines.

We affirm the revocation of probation. It is clear that defendant violated a material condition of his probation by his convictions for sale and possession of marijuana with the intent to sell. The other reasons given in the order revoking probation were either not valid or not established and should be stricken.

We reverse the sentence and remand for resentencing. None of the trial court’s reasons for departing from the guidelines were valid. Those reasons were as…