Wilson v. State

WHATLEY, Judge.

Carl W. Wilson appeals his conviction and sentence for second-degree murder with a firearm. We affirm his conviction without discussion, but we reverse his upward departure sentence.

The trial court gave two reasons for the upward departure sentence. The trial court first noted that Wilson “displayed unusual cruelty in firing more shots, of different projectile types, than was necessary to accomplish the Victim’s demise.” It further found that Wilson attempted to conceal the victim’s body in a particularly gruesome method.

The State concedes that the second departure reason was…