EARL DURHAM, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
EARL DURHAM, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
512 So. 2d 283
Florida District Court of Appeal, Third District (1987)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
We affirm the defendant’s convictions for second degree murder with a firearm and unlawful possession of a firearm during the commission of a criminal offense. See Duest v. State, 462 So. 2d 446, 448 (Fla.1985); Williams v. State, 438 So. 2d 152, 153 n. 1 (Fla. 3d DCA), cause dismissed, 443 So. 2d 981 (Fla.1983).
We reverse, however, the departure sentence imposed and remand the cause for resentencing within the guidelines’ range of 17 to 22 years. See Scurry v. State, 489 So. 2d 25 (Fla.1986); State v. Mischler, 488 So. 2d 523 (Fla.1986); McCray v. State, 503 So. 2d 995 (Fla. 3d DCA 1987); Rackley v. State, 501 So. 2d 175 (Fla. 4th DCA 1987).
Affirmed in part; reversed in part and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Ruiz v. State, 516 So. 2d 1057 (Fla. 3d DCA 1987)…98 So. 2d 863 (Fla.1986), and certainly arguable that the closely related conclusion that a person is a non-rehabilitatable career criminal is not a valid reason for departure. Compare Hendrix v. State, 475 So. 2d 1218 (Fla.1985) and Giles v. State, 512 So. 2d 283 (Fla. 3d DCA 1987) and Harris v. State, 509 So. 2d 1299 (Fla. 1st DCA 1987) with Williams v. State, 504 So. 2d 392 (Fla.1987) and Brown v. State, 513 So. 2d 213 (Fla. 1st DCA 1987) and Ashley v. State, 510 So. 2d 970 (Fla. 5th DCA 1987). However, be…
Authorities Cited
- State v. Mischler, 488 So. 2d 523 (Fla. 1986)
- Scurry v. State, 489 So. 2d 25 (Fla. 1986)
- Duest v. State, 462 So. 2d 446 (Fla. 1985)
- Williams v. State, 438 So. 2d 152 (Fla. 3d DCA 1983)
- McCRAY v. State, 503 So. 2d 995 (Fla. 3d DCA 1987)
- Rackley v. State, 501 So. 2d 175 (Fla. 4th DCA 1987)