Legal Opinion

McCall v. State

District Court of Appeal of Florida

Decided February 19, 1987No. 85-1690PublishedCited by 4 opinions

1Opinion of the Court

COBB, Judge.

Travis McCall appeals a 30-year sentence imposed for second-degree murder, which represented a three-cell departure from the presumptive guideline sentence.

The trial court delineated his reasons for departure in writing, as follows:

1. The defendant McCall used excessive force causing the victim to die a lingering death — crushing the victim’s head three or four times with concrete blocks and hitting the victim in the face with a board.

2. After the victim was dead or near death, the defendant, McCall, committed sexual battery on the victim by penetrating the victim’s anus with a…

Also in this document: Concurrence.

2Cases cited3 opinions

  1. Holden v. StateDistrict Court of Appeal of Florida · 1986
  2. Pendleton v. StateDistrict Court of Appeal of Florida · 1986
  3. Phelps v. StateDistrict Court of Appeal of Florida · 1986

3Cited by4 opinions

  1. State v. McCallSupreme Court of Florida · 1988
  2. Vanover v. StateDistrict Court of Appeal of Florida · 1987
  3. State v. JohnsIdaho Supreme Court · 1987
  4. State v. JohnsIdaho Supreme Court · 1987

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