Florida District Courts of Appeal, 1987

Durham v. State

Durham v. State
Florida District Courts of Appeal · Decided September 8, 1987 · Hendry, Hubbart, Schwartz
512 So. 2d 283; 12 Fla. L. Weekly 2159; 1987 Fla. App. LEXIS 10176 (Southern Reporter, Second Series)

Durham v. State

Opinion of the Court

PER CURIAM.

We affirm the defendant’s convictions for second degree murder with a firearm and unlawful possession of a firearm during the commission of a criminal offense. See Duest v. State, 462 So.2d 446, 448 (Fla. 1985); Williams v. State, 438 So.2d 152, 153 n. 1 (Fla. 3d DCA), cause dismissed, 443 So.2d 981 (Fla. 1983).

We reverse, however, the departure sentence imposed and remand the cause for resentencing within the guidelines’ range *284of 17 to 22 years. See Scurry v. State, 489 So.2d 25 (Fla. 1986); State v. Mischler, 488 So.2d 523 (Fla. 1986); McCray v. State, 503 So.2d 995 (Fla. 3d DCA 1987); Rackley v. State, 501 So.2d 175 (Fla. 4th DCA 1987).

Affirmed in part; reversed in part and remanded.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.