Legal Opinion

McPherson v. State

District Court of Appeal of Florida

Decided December 23, 2015No. 2D13-3018Published

1Opinion of the Court

WALLACE, Judge.

Ira. Demetrius McPherson challenges the-new sentence imposed on him after the trial court vacated his life sentence and resentenced him under Graham v. Florida, 560 U.S. 48, 130 S.Ct. 2011, 176 L.Ed.2d 825 (2010). Mr. McPherson’s sole argument on appeal is that the trial court erred in imposing an upward departure sentence without providing oral or written reasons for the upward departure. Because the record demonstrates that the trial court adopted the written reasons for departure stated on the guidelines score-sheet that was prepared for the initial sentencing proceeding, we…

2Cases cited8 opinions

  1. Miller v. AlabamaSupreme Court of the United States · 2012
  2. Graham v. FloridaSupreme Court of the United States · 2010
  3. Pope v. StateSupreme Court of Florida · 1990
  4. Earnest v. StateSupreme Court of Florida · 1977
  5. Poiteer v. StateDistrict Court of Appeal of Florida · 1993

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