Crosby v. State

COWART, Judge.

The defendant was convicted of armed robbery and aggravated assault with a deadly weapon in the hold up of a convenience store. He appeals his departure sentence.

The first ground given for departure, “psychological trauma inflicted,” is not a valid reason in this case because such trauma is inherent in both crimes, and there was no record evidence that the victims suffered from a discernible physical manifestation resulting from the trauma. State v. Rousseau, 509 So.2d 281 (Fla.1987). The second reason, “an utter [or flagrant] disregard for the welfare, safety, and property…