Florida District Courts of Appeal, 2003

Beamon v. State

Beamon v. State
Florida District Courts of Appeal · Decided August 14, 2003 · Allen, Barfield, Ervin
852 So. 2d 352; 2003 Fla. App. LEXIS 12182; 2003 WL 21938943 (Southern Reporter, Second Series)

Beamon v. State

Opinion of the Court

PER CURIAM.

The trial court in this criminal case imposed victim injury points for sexual contact after the jury returned a verdict of guilty of attempted lewd or lascivious battery. As the appellant argues and the state acknowledges, these victim injury points should not have been scored. See Grant v. State, 783 So.2d 1120 (Fla. 1st DCA 2001).. Accordingly, the appellant’s sentence is vacated and this case is remanded for resentencing under a corrected scoresheet.

ERVIN, BARFIELD and ALLEN, JJ., Concur.

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