No. 87-293 | Fla. Dist. Ct. App. | Feb 4, 1988
Appellant’s convictions of five counts of lewd and lascivious assault under section 800.04(1), Florida Statutes, are affirmed. However, the trial court's written reasons for entering a departure sentence, which include abuse of trust by a teacher, the victims’ psychological trauma, and the inappropriateness of the guidelines sentence, are not clear and convincing. See Laberge v. State, 508 So. 2d 416" date_filed="1987-05-07" court="Fla. Dist. Ct. App." case_name="Laberge v. State">508 So.2d 416 (Fla. 5th DCA 1987); State v. Rousseau, 509 So. 2d 281" date_filed="1987-06-11" court="Fla." case_name="State v. Rousseau">509 So.2d 281 (Fla.1987); Hansbrough v. State, 509 So. 2d 1081" date_filed="1987-06-18" court="Fla." case_name="Hansbrough v. State">509 So.2d 1081 (Fla.1987); Scott v. State, 508 So. 2d 335" date_filed="1987-06-11" court="Fla." case_name="Scott v. State">508 So.2d 335 (Fla.1987). Accordingly, appellant’s sentence is vacated and the cause remanded for the imposition of a new sentence within the recommended guidelines range. See Shull v. Dugger, 515 So. 2d 748" date_filed="1987-11-25" court="Fla." case_name="Shull v. Dugger">515 So.2d 748 (Fla.1987).
CONVICTIONS AFFIRMED; SENTENCE VACATED; REMANDED.