Herrera v. State, 570 So. 2d 1129 (Fla. 3d DCA 1990). · Go Syfert
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Oscar HERRERA
v.
The STATE of Florida
No. 89-2242.
District Court of Appeal of Florida, Third District.
Dec 11, 1990.
Published opinion
570 So. 2d 1129
1990 Fla. App. LEXIS 9275
1990 WL 198305
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 appel-lee.
Barkdull, Ferguson, Gersten.
Cited by 1 opinion  |  Published
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.