Melton v. State

NIMMONS, Judge.

The appellant pled guilty to burglary of a dwelling and aggravated battery by use of a deadly weapon (knife). He asserts on appeal that the trial court’s reasons for imposing sentences in excess of the guidelines were not valid.

The appellant and an accomplice broke into the victim’s house. During the burglary, the accomplice wounded the victim with a knife when she fought off the pair’s attempts to rape her.

The trial court stated the following as his written reasons for departure:

1) Use of dangerous weapon — knife— Realize also factored in guidelines.

2) Committed in calculated…