Opinion
No. 86-393.
September 8, 1987.
An Appeal from the Circuit Court for Dade County; Margarita Esquiroz, Judge.
Bennett H. Brummer, Public Defender, and Alan M. Sorota, Sp. Asst. Public Defender, for appellant.
Robert A. Butterworth, Atty. Gen., and Steven T. Scott, Asst. Atty. Gen., for appellee.
Before SCHWARTZ, C.J., and HENDRY and HUBBART, JJ.
We affirm the defendant's convictions for second degree murder with a firearm and unlawful possession of a firearm during the commission of a criminal offense. See Duest v. State, 462 So.2d 446, 448 (Fla. 1985); Williams v. State, 438 So.2d 152, 153 n. 1 (Fla. 3d DCA), cause dismissed, 443 So.2d 981 (Fla. 1983).
We reverse, however, the departure sentence imposed and remand the cause for resentencing within the guidelines' range of 17 to 22 years. See Scurry v. State, 489 So.2d 25 (Fla. 1986); State v. Mischler, 488 So.2d 523 (Fla. 1986); McCray v. State, 503 So.2d 995 (Fla. 3d DCA 1987); Rackley v. State, 501 So.2d 175 (Fla. 4th DCA 1987).
Affirmed in part; reversed in part and remanded.