Jennings v. State

Gregory Lee Jennings [“Jennings”] appeals an upward departure sentence. We reverse.

On March 27, 1998, the State charged Jennings with robbery with a firearm and grand theft. At trial, the State presented evidence that Jennings and an accomplice robbed a Service Merchandise store around 8:45 P.M. on January 14, 1998. During the robbery, Jennings carried a shotgun which he pointed at two store clerks demanding money from the cash registers. Jennings threatened one clerk by “shoving” the shotgun within inches from his nose and told him: “I’ll blow your f-ing brains if you don’t give me the…