¶1We reverse the sentencing order of the trial court and remand for a new sentencing hearing. We agree with appellant that there is no proper evidentiary basis in the record upon which to support the trial court’s finding that the victim of the attempted sexual battery was physically injured as a result of the incident. That being so, the appellant is entitled to have the scoring under the sentencing guidelines recomputed.
455 So. 2d 1349
455 So.2d 1349
9 Fla.L.Weekly 2113
Gibson v. State
District Court of Appeal of Florida
Decided October 3, 1984
District Court of Appeal of Florida · decided 1984-10-03
Cited by 1 later decisions — most recently May 1985
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1984-10-03
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