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MONTAGUE v. STATE

No. 94-01131.

656 So.2d 508 (1995)

Jesse M. MONTAGUE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied and Question Certified June 23, 1995.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Julia Diaz, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Ron Napolitano, Asst. Atty. Gen., Tampa, for appellee.

LAZZARA, Judge.

The appellant, Jesse M. Montague, challenges the sentences imposed after a jury trial for three counts of sexual activity with a child by a person in familial authority.1 Citing Karchesky v. State, 591 So.2d 930 (Fla. 1992), he argues the trial court erred in assessing one hundred twenty points for victim injury (forty points for each offense) based on penetration alone without...

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