BURNARD v. STATE

No. 89-2666.

571 So.2d 69 (1990)

Charles Edward BURNARD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied January 4, 1991.


Attorney(s) appearing for the Case

Barbara M. Linthicum, Public Defender, Nancy L. Showalter, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., Cynthia Shaw, Asst. Atty. Gen., for appellee.


PER CURIAM.

After a jury trial, appellant was found guilty of two counts of sexual battery with a deadly weapon and kidnapping. Appellant asserts, on this direct appeal, that the trial court erred by scoring victim injury twice on the sentencing guidelines scoresheet.

The category 2 scoresheet provides, under "Victim Injury," 40 points for "penetration or slight injury." The trial court scored 80 points — 40 points for each of the two sexual battery...

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