State v. McCallState v. McCall
- Reporters:
- ,
- Before:
- Griffin, Goshorn, Peterson
The state has appealed a downward departure sentence for grand theft of a motor vehicle imposed after the defendant pled guilty to violation of community control. The defendant was a thirty-eight year old male with a two-year college education. He has a history of drug abuse and has AIDS. He also has an extensive criminal record.
The defendant had originally pled guilty to the grand theft charge based on a plea agreement that he would receive twenty-four months community control followed by two years probation. The defendant‘s guidelines scoresheet reflected a recommended sentence of seven to nine years in the Department of Corrections. The stated reason for the original downward departure was “negotiated plea“.
Approximately one year later, the defendant was arrested for violation of his community control. This time the plea agreement provided he would plead guilty to violation of community control and would receive a sentence under the sentencing guidelines. At the sentencing hearing, the
We agree with the state that the failure to provide written reasons for the downward departure on the resentencing for violation of community control requires reversal. Any sentence outside the permitted guideline range must be accompanied by a written statement delineating the reasons for the departure.
REVERSED and REMANDED FOR RESENTENCING.
GOSHORN and PETERSON, JJ., concur.