HOOVER v. STATE

No. 88-3157.

553 So.2d 764 (1989)

Stanley HOOVER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

December 15, 1989.


Attorney(s) appearing for the Case

Michael E. Allen, Public Defender, Michael J. Minerva, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., Laura Rush, Asst. Atty. Gen., Tallahassee, for appellee.


SMITH, Judge.

Appellant contends that he was given an invalid departure sentence. We agree and remand for resentencing within the guidelines.

Appellant was permitted to plead to a first degree felony sexual battery and lewd assault. At sentencing, notwithstanding the guidelines recommended range of seven to nine years, the trial court gave a departure sentence of thirty years, basing his decision upon three written reasons: (1) emotional trauma to the victim...

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