GRANT v. STATE

No. 1D99-4189.

783 So.2d 1120 (2001)

Kenneth Tyrone GRANT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

March 19, 2001.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, Jamie Spivey, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General, Douglas T. Squire, Assistant Attorney General, Tallahassee, for Appellee.


ERVIN, J.

The question before us is whether a guidelines scoresheet may include 40 points for "sex contact" as victim injury following appellant's conviction for an attempted lewd and lascivious act upon a child, thereby affecting the sentencing range, in the absence of the jury finding in its verdict that appellant had sexual contact with the victim. The trial judge decided that sexual contact had occurred based on evidence produced at trial. We reverse and remand...

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