RAHYNS v. STATE

No. 98-0925.

752 So.2d 617 (1999)

Anthony Laron RAHYNS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Opinion Denying Rehearing December 28, 1999.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Louis G. Carres, Assistant Public Defender, West Palm Beach, for appellant.

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


WARNER, C.J.

The appellant challenges the trial court's upward departure from the sentencing guidelines for his conviction of manslaughter based upon the court's conclusion that the defendant had created a great risk of death or serious injury to many persons by firing into a crowd in a drive-by shooting. He claims that because he fired only one shot, he could not have placed anyone but the victim in danger. We hold that firing one shot into a crowd during a drive...

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