Public-domain · open source
OpenJurist

541 So. 2d 771

541 So.2d 771

14 Fla.L.Weekly 977

Dowding v. State

District Court of Appeal of Florida · decided 1989-04-18

Cited by 2 later decisions — most recently August 1989

2 state decisions

Relies on 515 So. 2d 161 - Carawan v. State · 478 So. 2d 1054 - State v. Jackson · 471 So. 2d 32 - Tillman v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1989-04-18

View the full empirical analysis of this case →

PER CURIAM.

¶1The appellant was charged with first degree murder of his wife, attempted first degree murder of his son, and unlawful possession of a firearm while engaged in a criminal offense. The jury returned verdicts of guilty of second degree murder, guilty of attempted manslaughter, guilty of unlawful firearm possession, and aggravated the sentences.

¶2By this appeal the appellant contends that the evidence was insufficient to sustain the verdict of second degree murder and manslaughter. We find no merit in this contention. See Tillman v. State, 471 So.2d 32 (Fla.1985); Dellinger v. State, 495 So.2d 197 (Fla. 5th DCA 1986).

¶3The appellant also contends that the trial court erred in departing from the guidelines of sentencing without reason. We find this to be error. State v. Jackson, 478 So.2d 1054 (Fla.1985); Harris v. State, 531 So.2d 1018 (Fla. 2d DCA 1988). We find error in the conviction and sentence for unlawful firearm possession which occurred during the criminal episode involving the verdicts of second degree murder and attempted manslaughter, under the authority of Carawan v. State, 515 So.2d 161 (Fla.1987), and upon remand, this conviction and sentence should be vacated and set aside. We therefore remand the cause to the trial court for resentencing.

¶4Affirmed in part, reversed in part and remanded with directions.

/541/so2d/771 · .json · Public domain