Johnson v. State

The appellant, Tommy Lee Johnson, seeks review of the judgments and sentences entered after a jury found him guilty of aggravated assault with a firearm and shooting into an occupied dwelling. Of the points the appellant raised on appeal, we find merit only in his contention that the trial court erred in sentencing him outside the guidelines without providing a written statement of reasons for the departure. We, accordingly, affirm the judgments but reverse the sentences and remand for resentencing.

Although the guidelines scoresheet indicated a sentencing range of thirty months to three and…