WILSON v. STATE

No. 98-00137.

734 So.2d 444 (1999)

Carl W. WILSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

May 5, 1999.


Attorney(s) appearing for the Case

Ralph Barreira, Miami, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Deborah F. Hogge, Assistant Attorney General, Tampa, for Appellee.


WHATLEY, Judge.

Carl W. Wilson appeals his conviction and sentence for second-degree murder with a firearm. We affirm his conviction without discussion, but we reverse his upward departure sentence.

The trial court gave two reasons for the upward departure sentence. The trial court first noted that Wilson "displayed unusual cruelty in firing more shots, of different projectile types, than was necessary to accomplish the Victim's demise." It further found that...

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