Willis v. State

Full title: ALICE JEAN WILLIS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: Sep 3, 1997

700 So. 2d 1232 (Fla. Dist. Ct. App. 1997)

Opinion

Case No. 95-1904.

Opinion filed September 3, 1997. Rehearing, Clarification and Suggestion for En Banc Consideration Denied November 19, 1997.

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Charles M. Greene, Judge; L.T. Case No. 93-12440CF10G.

Michael E. Dutko of Bogenschutz Dutko, P.A., Fort Lauderdale, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Joseph A. Tringali, Assistant Attorney General, West Palm Beach, for appellee.

COSTELLO, DEDEE S., Associate Judge.

Appellant, Alice Jean Willis, was tried by jury and convicted of second degree murder and conspiracy to commit murder in the second degree. We affirm.

The trial court found that Appellant violated the victim's trust. See Davis v. State, 517 So.2d 670, 674 (Fla. 1987). This one factor is sufficient grounds for a departure sentence. See § 921.001(6) Fla. Stat. (1993).

Accordingly, we affirm the judgment and the departure sentence.

DELL and STEVENSON, JJ., concur.