Pinder v. State

Defendant appeals the upward departure sentence entered on his convictions for armed burglary, aggravated assault and aggravated battery. We affirm.

The trial court’s written reason for exceeding the sentencing guidelines range was that after committing the crimes, the defendant returned to the scene whereupon he threatened and shot at the victims because they had contacted the police. Defendant claims that the reason given was legally insufficient on two grounds.

First, defendant claims that threats are an essential element of the crimes of which the defendant was convicted. However, a cursory…