Nesbitt v. State

Appellant pleaded guilty to and was convicted of armed robbery and kidnapping. The trial judge, departing from the sentencing guidelines, imposed a prison sentence of 30 years for the armed robbery, including a mandatory minimum sentence of three years for using a firearm to commit the crime, and imposed a consecutive sentence of 10 years for the kidnapping, followed by 10 years probation. All parties agree that Appellant’s companion displayed a pistol throughout the incident, but that Appellant was never in actual possession of the firearm. This court affirmed the conviction and sentence…