The state appeals the trial court’s downward departure from the presumptive guidelines sentence. We find that one of the two reasons given for departure is valid and affirm the sentence.
David Bingham pled nolo contendere to a charge of buying cocaine within 1,000 feet of a school. Although the guidelines provided a range of between three and one-half to four and one-half years imprisonment, the trial court sentenced him to five years probation. The trial court gave as reasons for departing downward Bing-ham’s clean record and that under the circumstances of this case Bingham posed no danger to society.
The first reason for departure, the lack of prior record, is invalid. Sanders v. State,
Affirmed.
