Rackley v. State

District Court of Appeal of Florida

Rackley v. State

501 So. 2d 175, 12 Fla. L. Weekly 380, 1987 Fla. App. LEXIS 6484

CourtDistrict Court of Appeal of Florida

DecidedJanuary 28, 1987

DocketNo. 4-86-0166

StatusPublished

Cited by1 cases

This text of 501 So. 2d 175 (Rackley v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Rackley v. State, 501 So. 2d 175, 12 Fla. L. Weekly 380, 1987 Fla. App. LEXIS 6484 (Fla. Ct. App. 1987).

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Opinion

STONE, Judge.

Pleading guilty to second degree murder, defendant was sentenced, in aggravation of the guidelines, to life in prison.

The defendant was sitting in the front seat of an automobile next to his wife when he shot the victim, who was seated in the rear. The defendant then left the vehicle and shot the victim again. It is undisputed that the basis for aggravating the sentence was the risk of harm to the defendant’s wife or unknown others. There is no direct evidence that the passenger, or any one else, was ever at or near the line of fire, or otherwise endangered by the method of firing. We recognize that there may be other circumstances in which endangerment of a co-passenger might warrant aggravation of a sentence. Absent speculation, the proof here was insufficient to meet the standard. See Scurry v. State, 489 So.2d 25 (Fla.1986); State v. Mischler, 488 So.2d 523, 525 (Fla.1986).

We therefore vacate the sentence and remand for resentencing.

DELL and WALDEN, JJ., concur.

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STONE, Judge.

Pleading guilty to second degree murder, defendant was sentenced, in aggravation of the guidelines, to life in prison.

The defendant was sitting in the front seat of an automobile next to his wife when he shot the victim, who was seated in the rear. The defendant then left the vehicle and shot the victim again. It is undisputed that the basis for aggravating the sentence was the risk of harm to the defendant’s wife or unknown others. There is no direct evidence that the passenger, or any one else, was ever at or near the line of fire, or otherwise endangered by the method of firing. We recognize that there may be other circumstances in which endangerment of a co-passenger might warrant aggravation of a sentence. Absent speculation, the proof here was insufficient to meet the standard. See Scurry v. State, 489 So.2d 25 (Fla.1986); State v. Mischler, 488 So.2d 523, 525 (Fla.1986).

We therefore vacate the sentence and remand for resentencing.

DELL and WALDEN, JJ., concur.

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501 So. 2d 175, 12 Fla. L. Weekly 380, 1987 Fla. App. LEXIS 6484, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rackley-v-state-fladistctapp-1987.

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