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GILSON v. STATE

No. 4D00-3656.

795 So.2d 105 (2001)

William T. GILSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied October 16, 2001.

Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Tatjana Ostapoff, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Don M. Rogers, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

The Appellant, William Gilson, appeals his jury conviction and resulting sentence of 101.7 months for lewd and lascivious battery. On appeal, Gilson argues that the trial court judge illegally assessed eighty points on the sentencing guideline scoresheet for victim injury upon a sua sponte finding of sexual penetration. At the crux of Gilson's appeal is the argument that because the jury never made a specific...

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