Hernandez v. State

STEVENSON, Judge.

Appellant, Rafael Hernandez, was tried and convicted of second degree murder with a firearm. The trial court exceeded the permitted maximum of 22 years and sentenced Hernandez to 40 years imprisonment. The trial court stated that “the reason for the upward departure is your flagrant disregard of the safety of others.” We reverse because the trial court abused its discretion in exceeding the guidelines.

This case involved a close range shooting on a public street. Hernandez got out of his pickup truck and approached the victim’s car while both were stopped at a traffic light.…