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PERRY v. STATE

No. 94-504.

653 So.2d 1114 (1995)

Errol PERRY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

April 21, 1995.

Attorney(s) appearing for the Case

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

Robert A. Butterworth, Atty. Gen., Tallahassee, and Lori E. Nelson, Asst. Atty. Gen., Daytona Beach, for appellee.

W. SHARP, Judge.

Perry argues the two 30-year concurrent sentences he received for sexual battery,1 kidnapping,2 and uttering a forgery,3 are in excess of the sentencing guidelines because the scoresheet included 40 points for victim injury based solely on "penetration."4 The crimes were committed in 1990. He was sentenced in 1994 after violating his...

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