Pommier v. State

THOMPSON, Judge.

Pommier appeals his sentence which exceeded the sentence recommended by the sentencing guidelines. Fla.R.Crim.P. 3.701. We reverse and remand for resen-tencing.

Pommier and a companion entered a liquor store and, after waiting for other customers to leave, engaged the clerk in a conversation about different types of beer. On the pretext of having the clerk obtain some particular brand of beer for them they lured the clerk to the rear of the store where the main beer cooler was located. As the clerk approached the cooler the companion, who was following behind the clerk, shot…