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617 So. 2d 331

Stewart v. State

District Court of Appeal of Florida · decided 1993-04-07

Cited by 1 later decisions — most recently February 1995

1 state decisions

Relies on 591 So. 2d 930 - Karchesky v. State · 613 So. 2d 72 - Boland v. State

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Decided 1993-04-07

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PER CURIAM.

¶1Defendant appeals his sentence because his scoresheet improperly included additional points for victim injury. We reverse.

¶2Defendant pled guilty to one count of sexual battery. The state does not claim that there was any evidence of physical injury to the victim. The crime does not have an element of injury to the victim, only an element of sexual penetration. Victim injury points should not be assessed for mere sexual penetration in the absence of physical injury. Karchesky v. State, 591 So.2d 930 (Fla.1992); Boland v. State, 613 So.2d 72 (Fla. 4th DCA 1993). After the victim injury points are deducted, the sentence is excessive. We remand to the trial court with directions to correct defendant’s scoresheet and for resentencing.

¶3Reversed and remanded.

DELL, FARMER and KLEIN, JJ., concur.
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