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573 So. 2d 426

Docket Nos. 89-2328, 89-2340.

Carter v. State

Eddie CARTER and Frank E. Johnson, Appellants, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided January 31, 1991.

District Court of Appeal of Florida · decided 1991-01-31

Cited by 6 later decisions — most recently August 1999

6 state decisions

Relies on 553 So. 2d 239 - Weekley v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1991-01-31

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¶1James B. Gibson, Public Defender, and Daniel J. Schafer, Asst. Public Defender, Daytona Beach, for appellants.

¶2Robert A. Butterworth, Atty. Gen., Tallahassee, and James N. Charles, Asst. Atty. Gen., Daytona Beach, for appellee.

¶3*427 COBB, Judge.

¶4We affirm the convictions of the appellants, Eddie Carter and Frank Johnson, for three counts of sexual battery and kidnapping. We reverse the sentence imposed on Carter because victim injury points were assessed on his sentencing guidelines scoresheet for each of three sexual batteries committed against one victim during one criminal episode, contrary to Florida Rule of Criminal Procedure 3.701 d.7. (1988), which limited such scoring to "each victim," not to each count. See Weekley v. State,553 So.2d 239 (Fla. 3d DCA 1989).

¶5Both convictions, and the sentence of Johnson, are affirmed. The sentence of the appellant Carter is reversed and remanded for resentencing.

¶6AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.

¶7DAUKSCH and W. SHARP, JJ., concur.

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