STATE v. WILFORD

No. 97-4521.

720 So.2d 617 (1998)

STATE of Florida, Appellant, v. Robert WILFORD, Appellee.

District Court of Appeal of Florida, First District.

November 19, 1998.


Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, and Denise O. Simpson, Assistant Attorney General, Tallahassee, for Appellant.

Nancy A. Daniels, Public Defender, and Tracy M. Cheren, Assistant Public Defender, Tallahassee, for Appellee.


PER CURIAM.

Appellant, the State of Florida, appeals the trial judge's decision to apply 40 points for sexual contact rather than 80 points for sexual penetration on appellee's sentencing guidelines scoresheet. We affirm.

First, we note that because a factual determination by the trial judge is at issue in this case, the correct standard of review is whether the decision is supported by competent, substantial evidence. See Philip J. Padovano, Florida...

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