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ARREOLA v. STATE

No. 92-3455.

620 So.2d 1289 (1993)

Gregorio ARREOLA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing and/or Certification Denied August 5, 1993.

Attorney(s) appearing for the Case

Gregorio Arreola, pro se.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Melvina Racey Flaherty, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

We reverse the summary denial of appellant's motion for post-conviction relief from his sentences for three counts of sexual battery and kidnapping. Appellant claims error in the sentence caused by adding points for victim injury where none was alleged or proved.

We agree based on Karchesky v. State, 591 So.2d 930 (Fla. 1992), and Boland v. State, 613 So.2d 72

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