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501 So. 2d 175

501 So.2d 175

12 Fla.L.Weekly 380

Rackley v. State

District Court of Appeal of Florida

Decided January 28, 1987

District Court of Appeal of Florida · decided 1987-01-28

Cited by 1 later decisions — most recently September 1987

1 state decisions

Relies on 488 So. 2d 523 - State v. Mischler · 489 So. 2d 25 - Scurry v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1987-01-28

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STONE, Judge.

¶1Pleading guilty to second degree murder, defendant was sentenced, in aggravation of the guidelines, to life in prison.

¶2The defendant was sitting in the front seat of an automobile next to his wife when he shot the victim, who was seated in the rear. The defendant then left the vehicle and shot the victim again. It is undisputed that the basis for aggravating the sentence was the risk of harm to the defendant’s wife or unknown others. There is no direct evidence that the passenger, or any one else, was ever at or near the line of fire, or otherwise endangered by the method of firing. We recognize that there may be other circumstances in which endangerment of a co-passenger might warrant aggravation of a sentence. Absent speculation, the proof here was insufficient to meet the standard. See Scurry v. State, 489 So.2d 25 (Fla.1986); State v. Mischler, 488 So.2d 523, 525 (Fla.1986).

¶3We therefore vacate the sentence and remand for resentencing.

DELL and WALDEN, JJ., concur.
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