Busby v. State

SMITH, Judge.

In this appeal from a departure sentence imposed following a conviction for aggravated battery, appellant contends that the reasons given by the trial court are insufficient to support the departure. We agree and remand for resentencing within the guidelines range.

Appellant was charged with sexual battery, but pled guilty to aggravated battery, a lesser included offense. The recommended guidelines range for this offense was community control or 12-30 months incarceration. Instead, the trial court imposed a departure sentence of 15 years incarceration.

At the sentencing hearing,…