Bullard v. State

BOOTH, Judge.

This cause is before us on appeal from a judgment of conviction entered on a jury verdict of guilty of armed robbery and sentence to life imprisonment with a three-year mandatory minimum. On appeal, the issues are: first, whether the trial court erred in using appellant’s habitual offender status as the reason for departure from the sentencing guidelines recommendation of 12 to 17 years; and second, whether the court’s instruction on the intent element of robbery constituted fundamental error. We affirm appellant’s conviction, but are required to reverse his sentence and remand…