McCall v. State

While I agree the third and fourth reasons for departure are invalid, I think the first and second are sufficient, and therefore I would vacate the sentence and remand for resentencing pursuant to Albritton v. State, 476 So.2d 158 (Fla.1985).

The victim died at McCall’s hands in an excessively brutal manner. His head was crushed by a number of blows and then, while the victim lay dying, McCall committed sexual battery on the victim with a pipe. McCall behaved like a savage animal. These circumstances surrounding the commission of the crime demonstrate excessive cruelty and brutality.1 In my…