Aikens v. State

PER CURIAM. ■

Upon resentencing, pursuant to this court’s mandate in Aikens v. State, 762 So.2d 1060 (Fla. 3d DCA 2000), the trial court imposed a departure sentence relying on various reasons. We reverse, as the reasons are invalid. ■ Only one reason merits discussion: that the defendant shot the victim twice. However, the force used in this case does not fall under the category of “barbaric or grotesque” or “extraordinary or egregious” for a case of attempted first-degree premeditated murder. See Wright v. State, 538 So.2d 497 (Fla. 3d DCA 1989); Bellamy v. State, 677 So.2d 390 (Fla. 2d DCA…