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Baker v. State

District Court of Appeal of Florida, Fifth District
Jan 31, 1997
687 So. 2d 64 (Fla. Dist. Ct. App. 1997)

Opinion

Case No. 96-1518

Opinion filed January 31, 1997

Appeal from the Circuit Court for Osceola County, Frank N. Kaney, Judge.

James B. Gibson, Public Defender, and Anne Moorman Reeves, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Michael D. Crotty, Assistant Attorney General, Daytona Beach, for Appellee.


The defendant, Steven M. Baker, was found guilty of two counts of sexual battery in violation of section 794.011(5), Florida Statutes (1995). At sentencing, the trial court assessed 40 points for two counts of penetration, totaling 80 points for victim injury. The record supports a finding of penetration in only one of the two sexual batteries. Thus, 40 points should have been assessed for the one count in which penetration occurred, and 18 points should have been assessed for the other count which involved only contact. Proper calculation of the scoresheet places the defendant in a lower sentencing cell. Accordingly, we reverse the sentence and remand for resentencing.

REVERSED and REMANDED.

DAUKSCH, GRIFFIN and ANTOON, J.J., concur.


Summaries of

Baker v. State

District Court of Appeal of Florida, Fifth District
Jan 31, 1997
687 So. 2d 64 (Fla. Dist. Ct. App. 1997)
Case details for

Baker v. State

Case Details

Full title:STEVEN M. BAKER, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Fifth District

Date published: Jan 31, 1997

Citations

687 So. 2d 64 (Fla. Dist. Ct. App. 1997)