TERRANCE AIKENS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Upon resentencing, pursuant to this court’s mandate in Aikens v. State, 762 So. 2d 1060 (Fla. 3d DCA 2000), the trial court imposed a departure sentence relying on various reasons. We reverse, as the reasons are invalid. Only one reason merits discussion: that the defendant shot the victim twice. However, the force used in this case does not fall under the category of “barbaric or grotesque” or “extraordinary or egregious” for a case of attempted first-degree premeditated murder. See Wright v. State, 538 So. 2d 497 (Fla. 3d DCA 1989); Bellamy v. State, 677 So. 2d 390 (Fla. 2d DCA 1996); Small v. State, 667 So. 2d 299 (Fla. 1st DCA 1995); Murray v. State, 512 So. 2d 1136 (Fla. 2d DCA 1987). The force used in this case was not beyond that inherent in the crime for which defendant was convicted.
We remand for imposition of a guidelines sentence.
Sentence reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Aikens v. State, 855 So. 2d 725 (Fla. 3d DCA 2003)…. The sentence imposed in this matter is, therefore, vacated, and this matter is remanded for the purpose of imposing a guidelines sentence following a sentencing hearing at which both Aikens and his counsel are in attendance. See Aikens v. State, 822 So. 2d 562 (Fla. 3d DCA 2002) (reversing Aikens’ departure sentence and remanding for imposition of a guidelines sentence).…
Authorities Cited
- Bryant Wright v. State, 538 So. 2d 497 (Fla. 3d DCA 1989)
- Bellamy v. State, 677 So. 2d 390 (Fla. 2d DCA 1996)
- Small v. State, 667 So. 2d 299 (Fla. 1st DCA 1995)
- Murray v. State, 512 So. 2d 1136 (Fla. 2d DCA 1987)
- Aikens v. State, 762 So. 2d 1060 (Fla. 3d DCA 2000)
- Guido Ruben Zirio v. State, 762 So. 2d 1060 (Fla. 3d DCA 2000)