Herrera v. State, 89-2242

• Decision Date: 11 December 1990
• Docket Number: No. 89-2242,89-2242
• Parties: 15 Fla. L. Weekly D2969 Oscar HERRERA, Appellant, v. The STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

Page 1129

570 So.2d 1129

15 Fla. L. Weekly D2969

Oscar HERRERA, Appellant, v. The STATE of Florida, Appellee.

No. 89-2242.

District Court of Appeal of Florida,

Third District.

Dec. 11, 1990.

Bennett H. Brummer, Public Defender, and Noel A. Pelella, Sp. Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Mark S. Dunn, Asst. Atty. Gen., for appellee.

Before BARKDULL, FERGUSON and GERSTEN, JJ.

PER CURIAM.

No error is shown whatsoever in the appellant's convictions for second-degree murder, attempted second-degree murder, unlawful display of a firearm, and shooting into an occupied vehicle. We agree with appellant, however, that none of the stated reasons were valid grounds for departure from the sentencing guidelines: (1) emotional trauma to the surviving victims, see State v. Rousseau, 509 So.2d 281 (Fla.1987); (2) unreasonable risk of injury to others on a public street, see Bulger v. State, 537 So.2d 672 (Fla. 1st DCA 1989); or (3) obtaining new identification documents after commission of the offenses, See Patten v. State, 531 So.2d 203 (Fla. 2d DCA 1988).

The convictions are affirmed; the sentences are vacated and the case remanded for resentencing within the guidelines.