Legal Opinion

Herrera v. State

District Court of Appeal of Florida

Decided December 11, 1990No. 89-2242PublishedCited by 1 opinion

1Per curiam

No error is shown whatsoever in the appellant’s convictions for second-degree murder, attempted second-degree murder, unlawful display of a firearm, and shooting into an occupied vehicle. We agree with appellant, however, that none of the stated reasons were valid grounds for departure from the sentencing guidelines: (1) emotional trauma to the surviving victims, see State v. Rousseau, 509 So.2d 281 (Fla. 1987); (2) unreasonable risk of injury to others on a public street, see Bulger v. State, 537 So.2d 672 (Fla. 1st DCA 1989); or (3) obtaining new identification documents after commission of…

2Cases cited3 opinions

  1. State v. RousseauSupreme Court of Florida · 1987
  2. Patten v. StateDistrict Court of Appeal of Florida · 1988
  3. Bulger v. StateDistrict Court of Appeal of Florida · 1989

3Cited by1 opinion

  1. Herrera v. StateDistrict Court of Appeal of Florida · 1993

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