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VERA v. STATE

No. 3D04-864.

886 So.2d 251 (2004)

Jorge Raymond VERA, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

October 20, 2004.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Howard K. Blumberg, Assistant Public Defender, for appellant.

Charles J. Crist, Jr., Attorney General and Paulette R. Taylor, Assistant Attorney General, for appellee.

Before SCHWARTZ, C.J., and LEVY and SHEPHERD, JJ.

CONFESSION OF ERROR

PER CURIAM.

The defendant below was sentenced upon a revocation of probation on the basis of a guidelines score sheet which included forty victim injury points for sexual penetration. As the state candidly, commendably, and correctly concedes, however, those points were erroneously added because the underlying crimes, including burglary with an assault "by choking the victim," were not sexual offenses for which victim injury points...

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