Shaw v. State

The defendant, Aaron Shaw, was convicted of kidnapping and of sexual battery with the use of physical force likely to cause serious personal injury. Immediately after the jury returned its verdict, the trial court announced that it was sentencing the defendant to life in prison. The sentence constituted a four-cell upward departure from the sentencing guidelines.

The court entered its written order setting forth the reasons for the departure sentence. The order stated, in part, as follows:

The grounds for departure of the sentencing guidelines are as follows:

1. The Defendant was released from…