OSCAR HERRERA, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Sentencing Guidelines Departure Reasons cases and more on FLexlaw
PER CURIAM.
No error is shown whatsoever in the appellant’s convictions for second-degree murder, attempted second-degree murder, unlawful display of a firearm, and shooting into an occupied vehicle. We agree with appellant, however, that none of the stated reasons were valid grounds for departure from the sentencing guidelines: (1) emotional trauma to the surviving victims, see State v. Rousseau, 509 So. 2d 281 (Fla. 1987); (2) unreasonable risk of injury to others on a public street, see Bulger v. State, 537 So. 2d 672 (Fla. 1st DCA 1989); or (3) obtaining new identification documents after commission of the offenses, See Patten v. State, 531 So. 2d 203 (Fla. 2d DCA 1988).
The convictions are affirmed; the sentences are vacated and the case remanded for resentencing within the guidelines.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
State v. Russell, 659 So. 2d 465 (Fla. 3d DCA 1995)…obable cause at the time of the arrest. . It is well settled that a search incident to an arrest may precede the formal arrest as long as probable cause existed prior to the search. State v. Joseph, 593 So. 2d 594 (Fla. 3d DCA 1992); T.M. v. State, 570 So. 2d 1129 (Fla. 3d DCA 1990); Wright v. State, 418 So. 2d 1087 (Fla. 1st DCA 1982), review denied, 426 So. 2d 29 (Fla. 1983); State v. Hughes, 375 So. 2d 615 (Fla. 3d DCA 1979).…
-
State v. Joseph, 593 So. 2d 594 (Fla. 3d DCA 1992)…990); Carroll v. State, 497 So. 2d 253 (Fla. 3d DCA 1985), review denied, 511 So. 2d 297 (Fla.1987). Finally, where probable cause exists, the validity of a search is unaffected by the fact that the search occurred before the arrest. T.M. v. State, 570 So. 2d 1129 (Fla. 3d DCA 1990); Baggett v. State, 562 So. 2d 359 (Fla.2d DCA 1990); State v. James, 526 So. 2d 188 (Fla. 3d DCA 1988); Acosta v. State, 431 So. 2d 715 (Fla. 3d DCA 1983); Moreland v. State, 552 So. 2d [*596] 937; review denied, 562 So. 2d 346 (F…
-
State v. In the Interest of M.A.D., 721 So. 2d 412 (Fla. 3d DCA 1998)…t M.A.D. for the misdemeanor crime of trespass, the officer was further justified in searching the backpack which was within M.A.D.’s immediate control as incident to arrest.2 See Gay v. State, 607 So. 2d 454, 461 (Fla. 1st DCA 1992); T.M. v. State, 570 So. 2d 1129, 1130 (Fla. 3d DCA 1990); State v. King, 405 So. 2d 770, 773 (Fla. 5th DCA 1981). As the state correctly points out, it is of no moment that the officer conducted the search of the bag prior to placing M.A.D. under arrest. See State v. Russell, 659…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Rousseau, 509 So. 2d 281 (Fla. 1987)
- Murphy v. O'Malley, 531 So. 2d 203 (Fla. 4th DCA 1988)
- Tullis v. State, 531 So. 2d 203 (Fla. 5th DCA 1988)
- Bulger v. State, 537 So. 2d 672 (Fla. 1st DCA 1989)