Snead v. State

LETTS, Judge.

Yet another sentencing guidelines issue is now before us. At the conclusion of an armed robbery, the victim was told to give the defendant five or ten minutes before calling for help; otherwise, the latter would return and blow the former away.

The trial judge found this threat a clear and convincing reason to depart the guidelines because:

In the course of the commission of the offense, the defendant placed the victim in great fear for his life by threatening the victim, with the apparent ability to carry out that threat, with death. The defendant told the victim that if the…