Durham v. State

District Court of Appeal of Florida

Durham v. State

512 So. 2d 283, 12 Fla. L. Weekly 2159, 1987 Fla. App. LEXIS 10176

District Court of Appeal of Florida·Decided September 8, 1987·No. No. 86-393·Published

Opinion

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 [284] 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.

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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 [284] 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.

Durham v. State, 512 So. 2d 283, 12 Fla. L. Weekly 2159, 1987 Fla. App. LEXIS 10176 (Fla. Ct. App. 1987).

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Opinion

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