Olive v. State

NESBITT, Judge.

Olive raises three points on appeal of his conviction and sentence for armed robbery. Finding the first two points to be without merit, we affirm the conviction. However, we agree with the final point and reverse and remand for resentencing.

After being convicted by a jury for armed robbery, Olive was sentenced to seventeen years. In departing from the recommended guidelines sentence of seven to nine years, the trial court articulated the following six reasons:

1) The perpetration of the armed robbery created an extreme risk to the victims and witnesses in the case.

2) The…