Hubert v. State

DAUKSCH, Judge.

This is an appeal from a guideline departure sentence.

Appellant was charged with attempted first degree murder, armed robbery and use of a firearm in a felony. He pleaded nolo contendere to the armed robbery and pleaded nolo contendere to aggravated battery as a lesser included offense of the attempted murder. Parenthetically it is noted that the record before us does not disclose a factual basis which would support an aggravated battery conviction, but that is not a point on appeal; probably because appellant pleaded nolo contendere to it.

The point on appeal is the departure…