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549 So. 2d 1042

549 So.2d 1042

14 Fla.L.Weekly 1954

Rivera v. State

District Court of Appeal of Florida

Decided August 16, 1989

District Court of Appeal of Florida · decided 1989-08-16

Decided 1989-08-16

PATTERSON, Judge.

¶1Of the four issues presented by the appellant, only one merits discussion. Luis Rivera was charged with and convicted of capital sexual battery and kidnapping. The information charges Rivera with kidnapping under section 787.01(l)(a)2, Florida Statutes (1985), a first degree felony. This section is recited in the judgment as well. However, Rivera’s guidelines scoresheet shows the conviction as a life felony.

¶2The child involved in this case was only eleven. Section 787.01(3)(a)2, Florida Statutes (1985), provides that a person who kidnaps a child under the age of 13 with intent to commit sexual battery has committed a life felony. Although Rivera could have been charged with a life felony under this section, he was not. It was error to calculate his guidelines score as if he were.

¶3Reversed and remanded for resentenc-ing.

DANAHY, A.C.J., and FRANK, J., concur.
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