Kaufman v. State

STEVENSON, Judge.

Appellant, Derek Kaufman, was tried by jury and convicted of first degree murder and conspiracy to commit first degree murder. We affirm the convictions and sentences and write only to address the trial court’s imposition of a departure sentence for the conspiracy conviction.

The trial court relied upon three separate grounds to support its imposition of an upward departure sentence for the conspiracy to commit first degree murder conviction: (1) appellant’s conviction of an unseoreable capital felony; (2) excessive brutality; and (3) an elaborate cover-up scheme. Because we…