Tran v. State

LAZZARA, Judge.

The appellant, Luc Quy Tran, seeks reversal of his jury conviction for second-degree murder based on section 782.04(2), Florida Statutes (1991), contending that the evidence was insufficient to justify a finding that he was a principal to this crime. He also argues that the trial court erred in imposing a sentence in excess of the recommended guidelines sentencing range because its reasons for departure were legally invalid. We reject appellant’s evidentiary argument and affirm his conviction. We agree, however, that the trial court improperly imposed an upward departure…