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Kaufman v. State
Citations: 696 So. 2d 1214; 1997 Fla. App. LEXIS 5827; 1997 WL 280560Docket: No. 95-2403
Court: District Court of Appeal of Florida; May 28, 1997; Florida; State Appellate Court
Derek Kaufman was convicted by jury of first-degree murder and conspiracy to commit first-degree murder. The appellate court affirmed both convictions and sentences, focusing on the trial court’s imposition of an upward departure sentence for the conspiracy conviction. The trial court justified the departure based on three grounds: 1) Kaufman's conviction of an unscoreable capital felony; 2) excessive brutality; and 3) an elaborate cover-up scheme. The appellate court determined that the first ground alone was sufficient to support the departure sentence, thereby not requiring examination of the other grounds. Citing Florida law, the court noted that if at least one valid reason exists to support a departure from sentencing guidelines, the departure is warranted. The Florida Supreme Court has previously held that a defendant's conviction of an unscoreable capital felony justifies an upward departure. Kaufman argued that using his first-degree murder conviction as a basis for the departure violated double jeopardy principles, claiming that his act of murder was already considered in his conspiracy sentence. The court rejected this argument, clarifying that the presumptive sentence for conspiracy does not account for whether the underlying act was completed, and that first-degree murder and conspiracy are distinct offenses. The court affirmed the trial court's sentencing decision.