Roberts v. State

GLICKSTEIN, Judge.

We affirm appellant’s conviction but reverse the sentence and remand for resen-tencing.

Appellant first argues that the trial court erred in delegating the formulation of the reasons for departure to the state. Prior to the sentencing hearing the state submitted a motion to aggravate which contained the following reasons:

[1] The Defendant masterminded the Robbery and committed it in a professional manner.

[2] A Police Officer was a victim of the Aggravated Assault.

[3] The Robbery victim was wrestled to the ground and threatened with a gun.

[4] The Defendant drove the get away…