STEWART v. STATE

No. 91-3011.

617 So.2d 331 (1993)

John STEWART, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied May 7, 1993.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender and Eric M. Cumfer, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and James J. Carney, Asst. Atty. Gen., West Palm Beach, for appellee.


PER CURIAM.

Defendant appeals his sentence because his scoresheet improperly included additional points for victim injury. We reverse.

Defendant pled guilty to one count of sexual battery. The state does not claim that there was any evidence of physical injury to the victim. The crime does not have an element of injury to the victim, only an element of sexual penetration. Victim injury points should not be assessed for mere sexual penetration in the absence...

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