Florida District Courts of Appeal, 1993

Stewart v. State

Stewart v. State
Florida District Courts of Appeal · Decided April 7, 1993 · Dell, Farmer, Klein
617 So. 2d 331; 1993 Fla. App. LEXIS 4326; 1993 WL 100145 (Southern Reporter, Second Series)

Stewart v. State

Opinion of the Court

PER CURIAM.

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

Defendant 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.

Reversed and remanded.

DELL, FARMER and KLEIN, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.