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MILLER v. STATE

No. 4D00-4672.

820 So.2d 1056 (2002)

Gary Jerome MILLER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

July 10, 2002.

Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Sophia Letts, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Melynda Melear, Assistant Attorney General, West Palm Beach, for appellee.

FARMER, J.

We reject defendant's Apprendi challenge to his 10-year sentence for lewd and lascivious battery.1 Under the statutes the maximum sentence for this offense is 15 years.2 Thus the addition of points for penetration did not increase the sentence beyond the prescribed maximum. In this circumstance, the points relate to a legitimate sentencing factor. We thus follow our decision in Gilson v...

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