McPherson v. State

BARFIELD, Judge.

Donnell McPherson appeals his conviction and sentence for aggravated battery and robbery. We find no error in the trial of his case and affirm the conviction. However, the trial judge departed from the guidelines recommended sentence for both valid and invalid reasons, and we reverse for resentencing.

The guidelines range was 30 months to 3V2 years which the trial judge incorrectly stated in his reasons for departure as twelve to thirty months. The judge sentenced McPherson to concurrent terms of six years on each count. In support of the departure the trial judge prepared a…