KERR v. STATE

No. 84-2720.

481 So.2d 1233 (1985)

Orville Patrick KERR, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied January 27, 1986.


Attorney(s) appearing for the Case

J. Marion Moorman, Public Defender, Bartow, and L.S. Alperstein, Asst. Public Defender, Tampa, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Charles Corces, Jr., Asst. Atty. Gen., Tampa, for appellee.


SCHEB, Acting Chief Judge.

On August 30, 1984, a jury found the defendant Orville Patrick Kerr guilty of second degree murder and possession of a short-barreled shotgun, violations of sections 782.04(2) and 790.221, Florida Statutes (1983). The offenses occurred on March 31, 1984. After hearing argument from counsel, the trial judge decided to depart from the sentencing guidelines and filed a written order setting forth his reasons for exceeding the guidelines. The...

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