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BANASZAK v. STATE

No. 90-00693.

579 So.2d 867 (1991)

Paul BANASZAK, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

May 22, 1991.

Attorney(s) appearing for the Case

Douglas A. Wallace, Bradenton, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Davis G. Anderson, Jr., Asst. Atty. Gen., Tampa, for appellee.

HALL, Judge.

Banaszak challenges his conviction for sexual battery of a child under twelve. He presents several issues for review; however, we find merit only in the issue relating to the improper preparation of his guidelines scoresheet.

Because sexual battery of a child is a capital felony under section 794.011(2), Florida Statutes (1989), it is not subject to a guidelines sentence and cannot be scored as the primary...

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