MAY v. STATE

No. 97-1509.

721 So.2d 741 (1998)

David Palmer MAY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

October 9, 1998.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Susan A. Fagan, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Mary G. Jolley, Assistant Attorney General, Daytona Beach, for Appellee.


PETERSON, Judge.

The appellant was found guilty of committing a lewd or lascivious act on a child under sixteen. § 800.04, Fla. Stat. (1997).

Appellant's sentence was based on a sentencing guidelines scoresheet in which 80 points were assessed for sexual penetration. See Fla. R.Crim. P. 3.991. We affirm the judgment of conviction, but vacate the sentence and remand for resentencing.

The jury's verdict failed to specify whether penetration...

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