WALLEN v. STATE

No. 91-2049.

606 So.2d 399 (1992)

Wesley WALLEN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied October 19, 1992.


Attorney(s) appearing for the Case

Roger B. Butcher of Benitez & Butcher, P.A., Orlando, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Anthony J. Golden, Asst. Atty. Gen., Daytona Beach, for appellee.


PETERSON, Judge.

Wesley Wallen was found guilty by a jury of five counts of sexual activity with a child twelve years of age or older (his daughter) with whom he stood in a position of familial or custodial relation pursuant to section 794.041(2)(b), Florida Statutes. He was then adjudicated guilty by the trial court and sentenced pursuant to a score sheet that included 200 points for victim injury. Wallen raises eight points in his appeal of the judgment and sentence...

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