Tyner v. State

RYDER, Judge.

This is an appeal from the trial court’s resentencing order which departs upward from the recommended sentencing guidelines range. We reverse.

*1168Appellant was charged by indictment with two counts of first degree murder and one count of burglary while armed with a dangerous weapon. The murder counts were dismissed and trial proceeded on the burglary charge. Appellant was convicted and sentenced to life imprisonment, although the recommended guidelines range was only seven to nine years’ imprisonment. The reasons given by the trial court in its departure order were that “[p]ast…