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VICKERY v. STATE

No. 5D00-1564.

784 So.2d 508 (2001)

Wylie M. VICKERY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied May 24, 2001.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Dee Ball, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Robin A. Compton, Assistant Attorney General, Daytona Beach, for Appellee.

PLEUS, J.

Wylie Vickery challenges the sentence he received pursuant to his conviction for lewd and lascivious assault. The sole issue on appeal is whether the trial court erred by scoring 40 points for victim injury. The state correctly contends that the issue on appeal has not been preserved for review because Vickery failed to raise it below and failed to file a motion to correct his sentence pursuant to Florida Rule...

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