Public-domain · open source
OpenJurist

521 So. 2d 163

521 So.2d 163

13 Fla.L.Weekly 323

Harper v. State

District Court of Appeal of Florida

Decided February 4, 1988

District Court of Appeal of Florida · decided 1988-02-04

Cited by 2 later decisions — most recently August 1990

2 state decisions

Relies on 515 So. 2d 748 - Shull v. Dugger · 509 So. 2d 281 - State v. Rousseau · 509 So. 2d 1081 - Hansbrough v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1988-02-04

View the full empirical analysis of this case →

PER CURIAM.

¶1Appellant’s convictions of five counts of lewd and lascivious assault under section 800.04(1), Florida Statutes, are affirmed. However, the trial court's written reasons for entering a departure sentence, which include abuse of trust by a teacher, the victims’ psychological trauma, and the inappropriateness of the guidelines sentence, are not clear and convincing. See Laberge v. State, 508 So.2d 416 (Fla. 5th DCA 1987); State v. Rousseau, 509 So.2d 281 (Fla.1987); Hansbrough v. State, 509 So.2d 1081 (Fla.1987); Scott v. State, 508 So.2d 335 (Fla.1987). Accordingly, appellant’s sentence is vacated and the cause remanded for the imposition of a new sentence within the recommended guidelines range. See Shull v. Dugger, 515 So.2d 748 (Fla.1987).

¶2CONVICTIONS AFFIRMED; SENTENCE VACATED; REMANDED.

SHARP, C.J., and COBB and COWART, JJ., concur.
/521/so2d/163 · .json · Public domain