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RIVAS v. STATE

No. 88-3261.

554 So.2d 636 (1989)

Raymond RIVAS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

December 28, 1989.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Marcy K. Allen, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Joan Fowler, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

We affirm appellant's conviction and sentence for capital sexual battery on a child and his conviction on two counts of indecent assault and one count of simple battery. However, we reverse and remand for resentencing on the two counts of indecent assault. The "primary offense" at conviction designated on the scoresheet was the capital sexual battery on a child. Because that crime is a capital offense, it is not subject to a guideline sentence and cannot...

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