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David v. State

11/10/2005

resulted in Brown's death from the typical second-degree murder case: "in this case, the ferociousness of the beating that Mr. Brown received takes it out of what I consider the mainstream, the average, that's described in Page of a murder in the second degree." Judge Card noted that Brown's murder was "well beyond that which is outlined in Page . . . This was not just a simple assault with a deadly result. ... his was closer to murder in the first degree." Judge Card noted that, although Grossman was the primary perpetrator, David aided and abetted Grossman. Even though Judge Card found that much distinguished David's offense from a typical second-degree murder case, Judge Card still imposed a term to serve that was at the upper end of the benchmark range.


From our review of the record, we conclude that David's sentence was not clearly mistaken.


Conclusion


The judgment of the superior court is AFFIRMED.






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