STEVEN W. TRIMBLE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1991-12-20
No. 88-02595
SCHOONOVER, C.J., and PARKER, J., concur.
591 So. 2d 663 Florida District Court of Appeal, Second District (1991) Positive Treatment
Cited by 2 cases
Topics
Written Reasons For Departure Departure Sentence Sentencing Guidelines

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Opinion of the Court
FRANK, Judge.

FRANK, Judge.

We have for review the departure sentence imposed upon Steven W. Trimble following his plea of guilty to kidnapping, arson, lewd and lascivious conduct, and aggravated assault. We reverse.

First, the trial court erred in failing to provide contemporaneous written reasons for departure. See Johnson v. State, 517 So. 2d 760 (Fla. 2d DCA 1987). Furthermore, the departure reasons are prohibited by State v. Rousseau, 509 So. 2d 281 (Fla.1987). For instance, the trial court relied upon the child victim’s emotional trauma as a reason for departure. Because the expert psychologist testified that young victims in this sort of case generally suffer relatively little trauma, this reason for departure was not clear and convincing. Finally, the victim’s vulnerability was directly related to her age, but age was a component of the crime with which Trimble had been convicted — lewd and lascivious act upon a child under the age of 16, condemned by section 800.04(3), Florida Statutes (1985).

Because the foregoing reasons for departure, and others which we need not catalogue, were invalid, we reverse the sentence and remand for resentencing within the guidelines.

SCHOONOVER, C.J., and PARKER, J., concur.

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Cited By

  • Leone v. State, 657 So. 2d 26 (Fla. 5th DCA 1995)
    …So. 2d 100 (Fla.1994). Enough surely is enough. See Isley v. State, 652 So. 2d 409 (Fla. 5th DCA 1995). DENIED. GOSHORN and THOMPSON, JJ., concur. . Leone v. State, 519 So. 2d 1000 (Fla. 5th DCA 1988) (Case No. 87-2222) (PCA). . Leone v. State, 591 So. 2d 663 (Fla. 5th DCA 1992) (Case No. 91-2425) (PCA). .Leone v. State, Case No. 93-609 (Fla. 5th DCA Mar. 30, 1993) (Order).…
  • Nelson v. State, 638 So. 2d 184 (Fla. 4th DCA 1994)
    …t was convicted already took the age element into account. Departure cannot be based upon a component inherent in the crime itself or already factored into the guidelines' computation. Hernandez v. State, 575 So. 2d 640 (Fla.1991); Trimble v. State, 591 So. 2d 663 (Fla. 2d DCA 1991). Although the trial court did make a comment about the victim’s age, it clearly indicated that the basis for departure was the emotional trauma.…

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