CROSBY v. STATE

No. 87-495.

518 So.2d 477 (1988)

Tommy CROSBY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

January 21, 1988.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Michael L. O'Neill, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Paula C. Coffman, Asst. Atty. Gen., Daytona Beach, for appellee.


COWART, Judge.

The defendant was convicted of armed robbery and aggravated assault with a deadly weapon in the hold up of a convenience store. He appeals his departure sentence.

The first ground given for departure, "psychological trauma inflicted," is not a valid reason in this case because such trauma is inherent in both crimes, and there was no record evidence that the victims suffered from a discernible physical...

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