Dority v. State

SCHEB, Acting Chief Judge.

The state charged defendant Alphonza Dority with aggravated battery. A jury found him guilty of this offense. Defendant’s guidelines’ scoresheet recommended a sentence of three and one-half to four and one-half years. The trial court adjudicated him guilty and sentenced him to seven years in prison. The court’s written reason for departure was that “defendant deliberately with premeditation and without provocation shot the victim in the forehead at close range with a handgun while victim was seated in a public bar evidencing an intent to kill the victim.”

On appeal,…