Gomez v. State

Following his convictions for attempted burglary of a conveyance, aggravated assault with a deadly weapon, and possession of burglary tools, appellant Miguel Gomez challenges his sentences, contending that the trial court impermissibly departed from sentencing guidelines. The court gave the following reasons for departure:

a. The defendant, Miguel Gomez, created an extreme risk to the physical safety of the victim, Ira Fox, and innocent bystanders who were present in a busy public parking lot when he fired a revolver in the general direction of the victim

b. The defendant, Miguel Gomez, used…