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Herrera v. State

District Court of Appeal of Florida, Third District
Dec 11, 1990
570 So. 2d 1129 (Fla. Dist. Ct. App. 1990)

Opinion

No. 89-2242.

December 11, 1990.

Appeal from the Circuit Court, Dade County, David L. Tobin, J.

Bennett H. Brummer, Public Defender, and Noel A. Pelella, Sp. Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Mark S. Dunn, Asst. Atty. Gen., for appellee.

Before BARKDULL, FERGUSON and GERSTEN, JJ.


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.


Summaries of

Herrera v. State

District Court of Appeal of Florida, Third District
Dec 11, 1990
570 So. 2d 1129 (Fla. Dist. Ct. App. 1990)
Case details for

Herrera v. State

Case Details

Full title:OSCAR HERRERA, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Dec 11, 1990

Citations

570 So. 2d 1129 (Fla. Dist. Ct. App. 1990)

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