Marshall v. State

Defendants, Edward Marshall and Thomas Joe Calloway, appeal departure sentences which were imposed after a remand from this court to the trial court for resen-tencing. We reverse.

Marshall and Calloway were involved in an armed burglary. Calloway and a code-fendant entered a hotel room of a vacationing couple, struck the 69-year old husband with a baseball bat, and terrorized the wife. Marshall acted as a lookout outside the hotel room. Marshall and Calloway were convicted for their role in the crime in 1987. They were given departure sentences. The trial judge dictated the reasons for…