WATSON v. STATE

No. 94-604.

654 So.2d 1286 (1995)

Alvin Anthony WATSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

May 26, 1995.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Sean K. Ahmed, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Barbara Arlene Fink, Asst. Atty. Gen., Daytona Beach, for appellee.


HARRIS, Chief Judge.

Alvin Anthony Watson was convicted of second degree murder with a firearm in the killing of his girlfriend. Her two-year-old child was present in the home in an adjoining bedroom when the murder occurred.

Although the court did not sentence outside the guidelines, it nevertheless determined that departure was appropriate because of the "psychological trauma" to the child. The court stated its intent to depart at a later sentencing should...

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