Aleman v. State

GEIMES, Acting Chief Judge.

We find that appellant was properly convicted of sexual battery and burglary of a dwelling. However, his sentence must be reversed because none of the reasons given for departure from the guidelines can stand.

The three reasons for departure and an analysis of their invalidity follows:

Extreme psychological trauma to victim of sexual battery.

On the theory that departures cannot be based on factors common to nearly all crimes in the sentencing category, our supreme court has held that emotional hardship can never constitute a clear and convincing reason for departure…