State v. Green

The state appeals the sentence imposed on Gerald Green.

Green was convicted of possession and sale of cocaine. The recommended sentencing guidelines range was five and one-half years to seven years. The trial court departed downward and sentenced Green to four and one-half years. The trial court gave two reasons for departure: first, four years had elapsed between Green’s prison release for prior convictions and commission of the instant offenses; and second, the offenses were not violent crimes involving a firearm.

On appeal the state argues that the reasons for departure are not clear and…