Trimble v. State

FRANK, Judge.

We have for review the departure sentence imposed upon Steven W. Trimble following his plea of guilty to kidnapping, arson, lewd and lascivious conduct, and aggravated assault. We reverse.

First, the trial court erred in failing to provide contemporaneous written reasons for departure. See Johnson v. State, 517 So.2d 760 (Fla. 2d DCA 1987). Furthermore, the departure reasons are prohibited by State v. Rousseau, 509 So.2d 281 (Fla.1987). For instance, the trial court relied upon the child victim’s emotional trauma as a reason for departure. Because the expert psychologist testified…