GARCIA v. STATE

No. 86-2352.

521 So.2d 278 (1988)

Herminio Jesus GARCIA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

March 4, 1988.


Attorney(s) appearing for the Case

William Fuente, Tampa, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and James A. Young, Asst. Atty. Gen., Tampa, for appellee.


PARKER, Judge.

Garcia appeals the trial court's sentence which is an upward departure from the sentencing guidelines. Garcia was sentenced to fifteen years imprisonment. The recommended guidelines sentence was three to seven years imprisonment. We affirm Garcia's conviction, but remand for resentencing.

Garcia was indicted for first-degree murder in the shooting death of his former girlfriend. The jury returned a verdict of third-degree murder, listing the...

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