Nelson v. State

HARRIS, Judge.

Therman Nelson appeals his departure sentence after having been convicted of robbery with a deadly weapon, armed burglary of a dwelling, and aggravated battery. The maximum sentence under the guidelines is 12 years. For the robbery and burglary convictions he was sentenced to concurrent forty year terms in prison to be followed by 20 years probation. He was given an additional, concurrent sentence of 15 years for the aggravated battery conviction.

The judge’s reasons for departure were “vulnerability of victim and excessive force and brutality in the armed invasion of the home of…