Rahyns v. State

The appellant challenges the trial court’s upward departure from the. sentencing guidelines for his conviction of manslaughter based upon the court’s conclusion that the defendant had created a great risk of death or serious injury to many persons by firing into a crowd in a drive-by shooting. He claims that because he fired only one shot, he could not have placed anyone but the victim in danger. We hold that firing one shot into a crowd during a drive-by shooting, under the facts of this case, was sufficient to support an upward departure pursuant' to section 921.0016(3)©, Florida Statutes…