Harper v. State

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

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.