Menard v. State

FLETCHER, Judge.

Bob Menard [defendant], convicted as a principal on several charges arising from the armed invasion of a ship on the Miami River, appeals an upward departure sentence. For the reasons which follow, we reverse and remand the case for resen-tencing.

On January, 24, 1998 at around 1:30 a.m., several intruders, including the defendant, boarded the ship “Miss Shande-line” docked on the Miami River. The crew was awakened by the intruders, some of whom were waving guns and asking for the location of drugs. Several members of the ship’s crew were beaten, blindfolded and tied up. A…