ALEMAN v. STATE

No. 85-2551.

498 So.2d 967 (1986)

Fernando F. ALEMAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

October 31, 1986.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and D.P. Chanco, Asst. Public Defender, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Gary O. Welch, Asst. Atty. Gen., Tampa, for appellee.


GRIMES, Acting Chief Judge.

We find that appellant was properly convicted of sexual battery and burglary of a dwelling. However, his sentence must be reversed because none of the reasons given for departure from the guidelines can stand.

The three reasons for departure and an analysis of their invalidity follows:

Extreme psychological trauma to victim of sexual battery.

On the theory that departures cannot be based on factors common...

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