ALLING v. STATE

No. 95-00560.

671 So.2d 295 (1996)

Harold ALLING, Sr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

April 12, 1996.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, Bartow, and Megan Olson, Assistant Public Defender, Clearwater, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Scott A. Browne, Assistant Attorney General, Tampa, for Appellee.


PER CURIAM.

We affirm Mr. Alling's conviction for committing a lewd and lascivious act in the presence of a child under the age of sixteen. We reverse his sentence and remand for resentencing within the guidelines.

The trial court departed from the guidelines range of 2 to 3.3 years' imprisonment and sentenced Mr. Alling to 15 years' incarceration. Its written reasons for departure were essentially the psychological trauma to the victim and her age. Had Mr...

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