Gordon v. State

WARNER, Judge.

This is an appeal from an upward departure sentence of appellant after convictions for resisting arrest with violence and battery on a law enforcement officer. The trial court departed from the guidelines sentence on the ground that appellant created an unreasonable risk of harm to others and to the officers. We agree that this ground was not proved by the evidence and reverse.

On April 6, 1989, members of the Fort Pierce Police Department’s Street Crime Task Force were making a “sweep” of a predominantly black area of Fort Pierce. The unit began chasing a suspect whom they had…