State v. Hardy

LANDRIEU, Judge,

concurring in part and dissenting in part.

I concur in part and respectfully dissent in part.

I join with the majority in affirming defendant’s conviction. However, I would vacate the sentence and remand the matter to the trial court for re-sentencing.

The sentence of six years imposed by the trial court is twice the maximum sentence recommended by the sentencing guidelines and represents a gross deviation not supported by the record.

*864The only fact in the record that could support such a deviation is defendant’s possession of a dangerous weapon. That, of course, is the very offense of which he was convicted and has been taken into consideration by the sentencing guidelines in establishing the recommended sentence.