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AIKENS v. STATE

No. 3D01-1923.

822 So.2d 562 (2002)

Terrance AIKENS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

July 31, 2002.

Attorney(s) appearing for the Case

Clayton R. Kaeiser, Miami, for appellant.

Robert A. Butterworth, Attorney General, and Paulette R. Taylor, Assistant Attorney General, for appellee.

Before SHEVIN, SORONDO and RAMIREZ, JJ.

PER CURIAM.

Upon resentencing, pursuant to this court's mandate in Aikens v. State, 762 So.2d 1060 (Fla. 3d DCA 2000), the trial court imposed a departure sentence relying on various reasons. We reverse, as the reasons are invalid. Only one reason merits discussion: that the defendant shot the victim twice. However, the force used in this case does not fall under the category of "barbaric or grotesque" or "extraordinary or...

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