GREEN v. STATE

No. 94-3248.

662 So.2d 748 (1995)

Robert V. GREEN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

November 15, 1995.


Attorney(s) appearing for the Case

Philip J. Yacucci, Jr., Fort Pierce, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Joseph A. Tringali, Assistant Attorney General, West Palm Beach, for appellee.


SHAHOOD, Judge.

Appellant, Robert Green, appeals an upward departure sentence entered after a jury convicted him of second degree murder with a firearm. We reverse and remand.

At Green's trial for the murder of his estranged wife, the doctor who performed the autopsy testified that, after being shot, the victim remained hospitalized for nineteen days where her condition deteriorated and she ultimately died of multiple gunshot wounds. The doctor recovered three...

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