Phelps v. State

UPCHURCH, Judge.

Lonnie Phelps appeals a judgment and sentence for the second-degree murder of his wife. The trial judge departed from *1285the sentencing guidelines and sentenced Phelps to forty years in prison. The recommended guideline sentence was twelve to seventeen years imprisonment. We affirm the judgment of conviction but reverse the departure sentence.

The trial court departed from the recommended guideline sentence based on the following written reasons:

I do find from the circumstances presented during the trial of this case that the victim, Hazel Phelps, the defendant’s wife, was…