FOSS v. STATE

No. 5D09-3394.

24 So.3d 1275 (2009)

Donald H. FOSS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

December 31, 2009.


Attorney(s) appearing for the Case

Donald H. Foss, Lake City, pro se.

Bill McColhim, Attorney General, Tallahassee, and Carmen F. Corrente, Assistant Attorney General, Daytona Beach, for Appellee.


JACOBUS, J.

The Appellant appeals the summary denial of his rule 3.850 motion.1 We affirm, albeit not for the reason given by the lower court. The Appellant was charged initially with four counts of capital sexual battery. Pursuant to a plea agreement, the;State filed an amended information reducing the charges to three counts of attempted sexual battery. The scoresheet for the amended information, including points for sexual penetration...

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