CARTER v. STATE

No. 5D04-2591.

920 So.2d 735 (2006)

Gregory CARTER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

February 10, 2006.


Attorney(s) appearing for the Case

James S. Purdy, Public Defender, and Susan A. Fagan, Assistant Public Defender, Daytona Beach, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Mary G. Jolley, Assistant Attorney General, Daytona Beach, for Appellee.


TORPY, J.

In this sexual battery case, we are asked to review the legality of Appellant's concurrent sentences of 26 years, followed by ten years probation, on each of the two sexual battery counts.

The first sentencing issue relates to the propriety of scoring victim injury points for penetration (rather than sexual contact) on count two, which was based on the allegation that Appellant committed sexual battery "by placing his penis in union with" the vagina...

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