Galindez v. State

Alexander GALINDEZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided December 4, 2002.

Rehearing Denied December 27, 2002.

District Court of Appeal of Florida · decided 2002-12-04

Cited by 8 later decisions — most recently December 2015

8 state decisions

Key passage — most relied on by later courts

“erroneously reflect[ed] an assessment of 80 victim injury points”

quoted by 1 later decision, including 955 So. 2d 517 - Galindez v. State

“the conviction was for sexual union without penetration”

quoted by 1 later decision, including 955 So. 2d 517 - Galindez v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2002-12-04

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¶1Alexander Galindez, in proper person.

¶2Richard E. Doran, Attorney General, and Barbara A. Zappi, Assistant Attorney General, for appellee.

¶3Before JORGENSON, COPE, and GODERICH, JJ.

¶4PER CURIAM.

¶5We grant the motion for rehearing, withdraw our opinion dated September 11, 2002, and substitute this opinion in its stead.

¶6The defendant's scoresheet erroneously reflects an assessment of 80 victim injury points for his conviction on count IV. Victim injury points on Count IV should have totaled 40 points as the conviction was for sexual union without penetration. See § 921.0011(7)(b), Fla. Stat. (1998); § 921.0014, Fla. Stat. (2001). Accordingly, we reverse the denial of the defendant's motion for rule 3.800 relief and remand for resentencing.

¶7REVERSED AND REMANDED.