ALTMAN v. STATE

No. 4D99-0816.

756 So.2d 148 (2000)

Thomas ALTMAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied May 5, 2000.


Attorney(s) appearing for the Case

Eugene S. Garrett, Boca Raton, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Marrett W. Hanna, Assistant Attorney General, West Palm Beach, for appellee.


KLEIN, J.

This is a direct appeal from a resentencing in which appellant argues that he should not have been given victim injury points for sexual contact. The trial court concluded that the issue had been waived because it was not raised on appellant's first appeal. We reverse.

Appellant was charged by information with committing a number of lewd assaults on a child under the age of twelve between January 1, 1993 and December 31, 1994. A jury found him guilty...

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