¶1James Marion Moorman, Public Defender and A. Anne Owens, Asst. Public Defender, Bartow, for appellant.
¶2Jim Smith, Atty. Gen., Tallahassee and Charles Corces, Jr., Asst. Atty. Gen., Tampa, for appellee.
¶3RYDER, Judge.
¶4We hold that appellant was properly convicted of one count of aggravated battery and two counts of aggravated assault.
¶5We affirm his sentences for Counts II and III and reverse his sentence for Count I. The trial court's reasons for departure from the sentencing guidelines on Count I were invalid. The four reasons for departure and an analysis of their invalidity follows:
Probation violation.
¶7An appellant's probation violation may not be used to depart from the sentencing guidelines. Probation is already taken into account in the sentencing guidelines scoresheet. Riddle v. State, 488 So.2d 903 (Fla. 5th DCA 1986).
Victim injury.
¶9An element of aggravated battery, victim injury, is scored on the scoresheet. Victim injury may not be figured into the scoresheet and also used to depart from the sentencing guidelines. Scurry v. *719 State, 489 So.2d 25 (Fla. 1986); Hendrix v. State, 475 So.2d 1218 (Fla. 1985).
Disregard for the criminal justice system.
¶11An appellant's disregard for the criminal justice system may not be used to depart from the sentencing guidelines. Scott v. State, 488 So.2d 146 (Fla. 3d DCA 1986).
Factors relating to a different offense.
¶13The trial court may not use factors related to an offense for which conviction was not obtained to depart from the sentencing guidelines. Dawkins v. State, 487 So.2d 63 (Fla. 2d DCA 1986).
¶14We affirm appellant's convictions and sentences for Counts II and III. We reverse appellant's sentence for Count I and remand for resentencing within the guidelines presumptive sentencing range.
¶15Affirmed in part; reversed in part and remanded for resentencing.
¶16SCHEB, A.C.J., and SCHOONOVER, JJ., concur.