LETTS, Judge.
The trial judge here departed upwards from the guidelines during a sentencing hearing based upon a third-degree murder conviction because "the defendant committed the offense by using a .38 caliber handgun firearm." He also based the departure on two other reasons discussed hereafter. We reverse and remand for resentencing.
The guidelines have already assigned the number of points to be scored for murder. All murders require the use of a weapon...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
