Legal Opinion

Murray v. State

District Court of Appeal of Florida

Decided September 23, 1987No. 86-167PublishedCited by 3 opinions

1Opinion of the Court

LEHAN, Judge.

This is an appeal from a sentencing guidelines departure following convictions of attempted first degree murder and armed robbery. We affirm the departure sentence based on the following two valid reasons given by the trial court.

1. The Defendant repeatedly used excessive force in a vicious and malevolent manner. While test driving a vehicle, the Defendant directed the salesman victim to drive to an orange grove where a relative was supposed to be working. After arriving in the grove, the Defendant pulled out a revolver and told the victim to stop the car and lay on the ground.…

2Cases cited4 opinions

  1. Albritton v. StateSupreme Court of Florida · 1985
  2. Smith v. StateDistrict Court of Appeal of Florida · 1984
  3. Bass v. StateDistrict Court of Appeal of Florida · 1986
  4. Francis v. StateDistrict Court of Appeal of Florida · 1985

3Cited by3 opinions

  1. Williams v. StateDistrict Court of Appeal of Florida · 1988
  2. Aikens v. StateDistrict Court of Appeal of Florida · 2002
  3. McKire v. StateDistrict Court of Appeal of Florida · 1989

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