Cooper v. State

Appellant pled guilty to second degree murder. He was sixteen at the time the offense was committed, and seventeen at the time of sentencing. The recommended guideline sentence was 224.6 months (18.7 years) in prison. The court sentenced him as an adult to thirty years in prison, citing the victim’s vulnerability and the appellant’s escalating pattern of criminal conduct as aggravating factors supporting upward departure. Appellant correctly contends that neither reason cited as a basis for departure is supported by the prevailing case law.

Appellant was one among a group of young men who…