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540 So. 2d 848

540 So.2d 848

14 Fla.L.Weekly 496

Yanke v. State

District Court of Appeal of Florida

Decided February 17, 1989

District Court of Appeal of Florida · decided 1989-02-17

Cited by 1 later decisions — most recently August 1989

1 state decisions

Relies on 503 So. 2d 1347 - Beasley v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1989-02-17

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LEHAN, Judge.

¶1Finding no reversible error in defendant’s conviction for lewd assault on a child and attempting to engage a child in sexual activity, we affirm in that regard. However, because of a sentencing guidelines scoresheet miscalculation, we reverse and remand for resentencing.

¶2Points were erroneously calculated for victim injury in connection with the offenses of attempting to engage a child in sexual activity, which resulted in defendant’s score being in a higher cell than was appropriate. See Beasley v. State, 503 So.2d 1347 (Fla. 5th DCA 1987) (when a defendant is convicted of an attempt and victim injury is not necessarily an element of the offense, points may not be scored for victim injury, although in an appropriate case victim injury may provide a valid reason for departure).

¶3The judgment is affirmed, the sentence is reversed, and the cause is remanded for resentencing.

SCHOONOVER, A.C.J., and THREADGILL, J., concur.
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