Wimmer v. State

District Court of Appeal of Florida

Wimmer v. State

508 So. 2d 39, 12 Fla. L. Weekly 1418, 1987 Fla. App. LEXIS 8599

CourtDistrict Court of Appeal of Florida

DecidedJune 3, 1987

DocketNo. 86-2843

StatusPublished

This text of 508 So. 2d 39 (Wimmer 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.

Bluebook

Wimmer v. State, 508 So. 2d 39, 12 Fla. L. Weekly 1418, 1987 Fla. App. LEXIS 8599 (Fla. Ct. App. 1987).

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Opinion

SANDERLIN, Judge.

Appellant challenges his twelve-year sentence for false imprisonment with a weapon. The trial court departed from the presumptive guidelines range of four and one-half to five and one-half years. We reverse.

The trial court’s written reasons for departure were psychological trauma to the victim and insufficiency of the guidelines sentence. After reviewing the record, we conclude that the psychological trauma suffered by the victim in this case was not extraordinary or unusual in the context of the offense of false imprisonment with a weapon. See Casteel v. State, 498 So.2d 1249 (Fla.1986); Sarria v. State, 501 So.2d 737 (Fla. 3d DCA 1987); Parsons v. State, 491 So.2d 1247 (Fla. 2d DCA 1986). Further, insufficiency of the guidelines sentence, as the state concedes, is not a clear and convincing reason for departure. See Williams v. State, 492 So.2d 1308 (Fla.1986).

Because neither of the trial court’s reasons for departure is valid, we reverse appellant’s sentence and remand for resen-tencing within the guidelines. Because of our disposition, we need not address appellant’s remaining point on appeal.

[40]*40Reversed and remanded for resentenc-ing.

FRANK, A.C.J., and THREADGILL, J., concur.

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SANDERLIN, Judge.

Appellant challenges his twelve-year sentence for false imprisonment with a weapon. The trial court departed from the presumptive guidelines range of four and one-half to five and one-half years. We reverse.

The trial court’s written reasons for departure were psychological trauma to the victim and insufficiency of the guidelines sentence. After reviewing the record, we conclude that the psychological trauma suffered by the victim in this case was not extraordinary or unusual in the context of the offense of false imprisonment with a weapon. See Casteel v. State, 498 So.2d 1249 (Fla.1986); Sarria v. State, 501 So.2d 737 (Fla. 3d DCA 1987); Parsons v. State, 491 So.2d 1247 (Fla. 2d DCA 1986). Further, insufficiency of the guidelines sentence, as the state concedes, is not a clear and convincing reason for departure. See Williams v. State, 492 So.2d 1308 (Fla.1986).

Because neither of the trial court’s reasons for departure is valid, we reverse appellant’s sentence and remand for resen-tencing within the guidelines. Because of our disposition, we need not address appellant’s remaining point on appeal.

[40]*40Reversed and remanded for resentenc-ing.

FRANK, A.C.J., and THREADGILL, J., concur.

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508 So. 2d 39, 12 Fla. L. Weekly 1418, 1987 Fla. App. LEXIS 8599, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wimmer-v-state-fladistctapp-1987.

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