Pearson v. State

The defendant, Bennie Lee Pearson, appeals from the upward departure sentence, imposed on remand, for second degree murder with a firearm. We affirm.

The defendant was convicted of second degree murder with a firearm. He was sentenced as a habitual violent felony offender to fifty years in prison with a mandatory minimum of fifteen years without eligibility of parole. On appeal, the sentence was reversed and remanded for resentencing. Pearson v. State, 603 So.2d 676 (Fla. 3d DCA 1992), rev’d. in part, 616 So.2d 49 (Fla.1993).

On remand, the recommended guidelines range for second degree murder…