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MOSHER v. STATE

No. 90-1316.

578 So.2d 900 (1991)

Ferdinand MOSHER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

May 8, 1991.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Tanja Ostapoff, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Patricia G. Lampert, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

We affirm appellant's conviction, but we do so without prejudice to appellant to seek relief under Fla.R.Crim.P. 3.850. We reverse the sentence imposed, however, and hold that the trial court erred when it assessed points for victim injury in arriving at the guidelines sentence. The jury found appellant guilty of attempted sexual battery and we find no record support for the assessment of points for victim injury. Victim injury is not an element of the...

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