Harris v. State

I cannot agree with the majority’s holding that excessive brutality may be properly used in this case as a basis for departure from a guidelines sentence. By approving its use, the majority is allowing the same factor to be used against the defendant three times. This tripling of a single factor to determine a defendant’s sentence is contrary to the letter and spirit of the sentencing guidelines. As a consequence of our ruling, most second-degree murders and attempted second-degree murders will now be excepted from the guidelines.

The defendant was convicted of attempted second-degree murder…