Freeman v. State

FARMER, Judge.

Defendant appeals her guidelines departure sentence and the order imposing restitution. She was convicted of attempted first degree murder with a firearm. We reverse and remand for resentencing and an eviden-tiary hearing on the amount of restitution to be imposed.

According to the guidelines scoresheet, the sentencing range was 77⅝-128¾ months. In departing from this range with a sentence of 300 months, the trial judge gave three grounds: (1) a heightened premeditation, as evidenced by testimony at trial that defendant had returned to the scene of the crime “and again tried to…