Florida District Courts of Appeal, 1984

Gibson v. State

Gibson v. State
Florida District Courts of Appeal · Decided October 3, 1984 · Anstead, Dell, Hurley
455 So. 2d 1349; 9 Fla. L. Weekly 2113; 1984 Fla. App. LEXIS 15267 (Southern Reporter, Second Series)

Gibson v. State

Opinion of the Court

PER CURIAM.

We reverse the sentencing order of the trial court and remand for a new sentencing hearing. We agree with appellant that there is no proper evidentiary basis in the record upon which to support the trial court’s finding that the victim of the attempted sexual battery was physically injured as a result of the incident. That being so, the appellant is entitled to have the scoring under the sentencing guidelines recomputed.

ANSTEAD, C.J., and HURLEY and DELL, JJ., concur.

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