NICHOLSON v. STATE

No. 92-02741.

639 So.2d 1027 (1994)

Valentine NICHOLSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

July 6, 1994.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Brad Permar, Asst. Public Defender, Clearwater, for appellant.

Robert A. Butterworth, Atty. Gen., and Katherine V. Blanco, Asst. Atty. Gen., Tampa, for appellee.


FULMER, Judge.

The defendant, Valentine Nicholson, appeals his convictions and sentence for sexual battery. We find merit in defendant's claim that it was error to include points on the sentencing guidelines scoresheet for victim injury.

At the time the defendant committed the offenses on October 1, 1991, the law did not permit the inclusion of points for victim injury based solely on penetration which did not cause ascertainable physical injury in a sexual...

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