Sapp v. State

In resentencing appellant, per order of this court, 522 So.2d 1006, the trial court departed from the guidelines recommended sentence of seventeen to twenty-two years and sentenced appellant to thirty years’ incarceration. The scoresheet listed three grounds for departure, the first two of which were invalid. The third ground listed was psychological and physical trauma to the nine-month pregnant victim, who delivered two weeks later.

While the record does not support the birth of the victim’s child as a proximate result of the armed robbery, the record does support the finding of physical…