DOLAN v. STATE

No. 91-301.

598 So.2d 291 (1992)

Michael J. DOLAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

May 15, 1992.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Michele A. Lucas, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and James N. Charles, Asst. Atty. Gen., Daytona Beach, for appellee.


W. SHARP, Judge.

Dolan appeals from his sentences imposed after being convicted of four counts of sexual battery on one victim. He argues the trial court erred in assessing 40 injury points for each count (4 x 40), resulting in an addition of 160 points to his scoresheet. We agree and vacate the sentences.

Since the sexual batteries in this case took place in February of 1990, we must apply the guidelines' victim...

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