State v. Valentine

The opinion of the court was delivered by

Abbott, J.:

This is a direct appeal by Omar A. Valentine from his conviction for aggravated battery and the court’s imposition of an upward durational departure sentence.

The record leaves many unanswered questions. When the record is reviewed as we are required to view it, it reveals the following. In the early evening, the victim, Damon Ross, and a friend, Hemy Shaffer, left Ross’ home and were walking down the driveway toward Ross’ mother’s car. Suddenly, the defendant, Omar A. Valentine, came around the house with a gun and started yelling at Ross…