Harris v. State

WELLS, Justice.

We have for review Harris v. State, 650 So.2d 639 (Fla. 4th DCA 1995), which expressly and directly conflicts with the opinion in Johnson v. State, 525 So.2d 964 (Fla. 1st DCA 1988). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.

Harris raises two issues in this proceeding. The first concerns whether the trial court erred in approving a departure sentence based upon excessive brutality. We approve the district court’s decision on this issue, see 650 So.2d at 640, and agree with its affirmance of a departure sentence.

The second issue presented is the basis for our conflict…