Harper v. State

District Court of Appeal of Florida

Harper v. State

521 So. 2d 163, 13 Fla. L. Weekly 323, 1988 Fla. App. LEXIS 360, 1988 WL 6592

CourtDistrict Court of Appeal of Florida

DecidedFebruary 4, 1988

DocketNo. 87-293

StatusPublished

Cited by2 cases

This text of 521 So. 2d 163 (Harper v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Harper v. State, 521 So. 2d 163, 13 Fla. L. Weekly 323, 1988 Fla. App. LEXIS 360, 1988 WL 6592 (Fla. Ct. App. 1988).

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Opinion

PER CURIAM.

Appellant’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).

CONVICTIONS AFFIRMED; SENTENCE VACATED; REMANDED.

SHARP, C.J., and COBB and COWART, JJ., concur.

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PER CURIAM.

Appellant’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).

CONVICTIONS AFFIRMED; SENTENCE VACATED; REMANDED.

SHARP, C.J., and COBB and COWART, JJ., concur.

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521 So. 2d 163, 13 Fla. L. Weekly 323, 1988 Fla. App. LEXIS 360, 1988 WL 6592, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harper-v-state-fladistctapp-1988.

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