GRIFFIN v. STATE

No. 94-453.

646 So.2d 304 (1994)

John W. GRIFFIN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

December 22, 1994.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Kenneth Witts, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, Belle B. Turner, Asst. Atty. Gen., and Anthony J. Hall, Certified Legal Intern, Daytona Beach, for appellee.


COBB, Judge.

Griffin was convicted, after jury trial, of shooting into an occupied vehicle and murder in the second degree. The trial court entered a departure sentence of 40 years in prison on each count, with a three year mandatory minimum on the murder conviction. The reasons given by the court for departure were: (1) that the victim was killed while her mother watched, and (2) the murder caused severe emotional trauma to the victim's family.

On appeal...

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