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486 So. 2d 88

486 So.2d 88

11 Fla.L.Weekly 860

Docket No. 85-1444.

Laster v. State

James Lawrence LASTER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided April 10, 1986.

District Court of Appeal of Florida · decided 1986-04-10

Key passage — most relied on by later courts

“Sexual battery on a child under twelve years of age is a capital felony punishable by life imprisonment with a minimum of twenty-five years imprisonment. It is not a life felony and is not subject to a guideline sentence; it is not scored within the guidelines. Rusaw v. State, 451 So.2d 469 (Fla.1984); Brosz v. State, 466 So.2d 256 (Fla. 5th DCA 1985).”

quoted by 1 later decision, including 579 So. 2d 380 - State v. Young

Relies on 451 So. 2d 469 - Rusaw v. State · 466 So. 2d 256 - Brosz v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1986-04-10

How this case has been cited

Cited by 9 later decisions — most recently May 2014

9 state decisions

301986199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1James B. Gibson, Public Defender, and Kenneth Witts, Asst. Public Defender, Daytona Beach, for appellant.

¶2Jim Smith, Atty. Gen., Tallahassee, and Joseph N. D'Achille, Jr., Asst. Atty. Gen., Daytona Beach, for appellee.

¶3DAUKSCH, Judge.

¶4This is an appeal from a sentence. Appellant was convicted of two crimes; sexual battery of a child under twelve years of age and lewd and lascivious assault upon a child.

¶5Sexual battery on a child under twelve years of age is a capital felony punishable by life imprisonment with a minimum of twenty-five years imprisonment. It is not a life felony and is not subject to a guideline sentence; it is not scored within the guidelines. Rusaw v. State,451 So.2d 469 (Fla. 1984); Brosz v. State,466 So.2d 256 (Fla. 5th DCA 1985).

¶6The primary offense at sentencing, for guideline sentencing purposes, was the lewd assault. The points assessed for a prior offense of uttering a forged check should not have been added to the scoresheet because that crime was committed after the lewd assault and thus is not a prior offense. Fla.R.Crim.P. 3.701(d)(5)(a). It does not matter that appellant had been convicted and sentenced for uttering the forged check before the instant conviction and sentences. Although little, if any, difference in the sentence will result, we must remand for resentencing.

¶7SENTENCE QUASHED; REMANDED.

¶8UPCHURCH and COWART, JJ., concur.

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