Florida District Courts of Appeal, 2002

Galindez v. State

Florida District Courts of Appeal · Decided December 4, 2002 · Jorgenson, Cope, and Goderich

831 So. 2d 780; 2002 WL 31696484 (Southern Reporter, Second Series)

Cases that cite this one

3 later published cases cite this decision.

Galindez v. State (Fla. 2007)
Galindez v. State (Fla. Dist. Ct. App. 2005)
Gundlah v. Moore (Fla. Dist. Ct. App. 2002)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

831 So.2d 780 (2002)

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

No. 3D02-2207.

District Court of Appeal of Florida, Third District.

December 4, 2002.Rehearing Denied December 27, 2002.

Alexander Galindez, in proper person.

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

Before JORGENSON, COPE, and GODERICH, JJ.

PER CURIAM.

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

The 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.

REVERSED AND REMANDED.

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