Clifton v. State

WARNER, Judge.

Appellant challenges his departure sentence for several counts of Driving Under the Influence resulting in serious personal injuries. He contends that the trial court’s announced reasons of breach of trust and the age and vulnerability of the victims are not valid reasons for departure in this case. We agree and reverse.

On a rainy July 4, 1990, appellant was driving his girlfriend, their two children and their baby-sitter home from a fireworks show when he failed to stop at a stop sign in western Martin County. Appellant’s car collided with a van. The occupants of the van…