CONNELL v. STATE

No. 86-496.

502 So.2d 1272 (1987)

Thomas Alvin CONNELL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied February 20, 1987.


Attorney(s) appearing for the Case

Peter D. Ringsmuth of Smith & Ringsmuth, Fort Myers, for appellant.

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


SANDERLIN, Judge.

Connell appeals his conviction and sentence following a jury trial. We find merit in his challenge to the sentence imposed and therefore, we reverse.

In its order entitled: "Reasons for Exceeding the Sentencing Guidelines," the trial court listed four reasons for departure. We address each reason and hold that each is invalid and cannot justify departure.

Reason one involves physical and psychological harm inflicted upon the victims...

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