In March, 1991, appellant was charged by Information with armed kidnapping, armed indecent assault, indecent assault, attempted indecent assault and falsely impersonating a police officer. He was found guilty of attempted kidnapping and indecent assault as lesser included offenses of the first two charges and was also found guilty of the last two charges recited above. His sentencing guidelines scoresheet reflected a point total of 368, including sixty points for victim injury. The permitted sentence range was stated as nine to twenty-two years imprisonment. Appellant was sentenced to fifteen years imprisonment on the first two charges; five years imprisonment on the fourth, and twenty-two years imprisonment on the fifth, all sentences to run concurrently. ’ We affirm all of the convictions, but reverse and remand as to the sentence.
As to the convictions, we have considered and rejected all of appellant’s arguments.
Our reversal of the sentence is based upon Karchesky v. State,
First, the state’s reliance upon Chapter 92-135, Laws of Florida (1992) and Lowry v. Parole & Probation Comm’n,
Second, the record is void of “physical trauma” as that term is discussed and required by Karchesky. This court has determined that a “resulting injury” is required.
Notes
. Generally, a trial court can, as Karchesky permits, cite mental or psychic trauma and depart upward from the guidelines.
