LUHRSEN v. STATE

No. 96-00005.

702 So.2d 596 (1997)

Robert Paul LUHRSEN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

December 3, 1997.


Attorney(s) appearing for the Case

Peter D. Andrews, St. Petersburg, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Johnny T. Salgado, Assistant Attorney General, Tampa, for Appellee.


CAMPBELL, Acting Chief Judge.

Appellant, convicted of three counts of lewd and lascivious act in the presence of a child under sixteen, challenges his sentencing. He maintains that the court erred in scoring forty points for penetration on each conviction. We agree.

Appellant was charged by amended information with one count of sexual battery (by digital penetration) and two counts of lewd and lascivious act (by placement of finger into or in union with vagina...

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