GORTMAN v. STATE

No. 88-03539.

547 So.2d 285 (1989)

Jerry Randall GORTMAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

August 4, 1989.


Attorney(s) appearing for the Case

Ellis R. Faught, Jr. of Ellis R. Faught, Jr., P.A., Brandon, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Joseph R. Bryant, Asst. Atty. Gen., Tampa, for appellee.


LEHAN, Judge.

We reverse the guidelines departure sentence imposed following defendant's conviction for attempted kidnapping.

The trial court's reasons for departure were: (1) "This is an extremely egregious offense. The guidelines are totally disproportionate to the offense"; (2) "Physical harm is not taken into account by the guidelines [on] this charge"; and (3) "The emotional trauma of the offense and what followed is not taken into account by the guidelines...

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