Lamond v. State

DAUKSCH, Judge.

This is an appeal from a judgment and sentence. Appellant was charged and convicted of second degree murder. Appellant presents three points on appeal. We find that the first two are without merit. The third point on appeal is with regard to the trial court’s departure from the sentencing guidelines. This point has merit and warrants a resentencing.

As his reasons for departure, the trial court listed the following:

1) Number of stab wounds (7 to the neck —2 which severed juglar [sic] veins— excessive injuries inflicted.

2) Victim had no defensive stab wounds, which indicates he…