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STATE v. MILANES

No. 5D99-3281.

762 So.2d 572 (2000)

STATE of Florida, Appellant, v. Luis A. MILANES, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied August 4, 2000.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Wesley Heidt, Assistant Attorney General, Daytona Beach, for Appellant.

James B. Gibson, Public Defender, and Barbara C. Davis, Assistant Public Defender, Daytona Beach, for Appellee.

PER CURIAM.

The State appeals the sentence imposed upon Luis Milanes contending that the trial court erred in omitting victim injury points from Mr. Milanes' sentencing guidelines scoresheet. We agree and therefore remand this matter for resentencing.

Luis Milanes entered a plea of nolo contendere to the charge of committing a lewd act by fondling the fifteen-year-old victim's penis. See § 800.04, Fla. Stat. (1997). In calculating Mr. Milanes...

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