Brown v. State

Full title: ANTHONY LOPEZ BROWN, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: Jun 13, 1991

581 So. 2d 242 (Fla. Dist. Ct. App. 1991)

Opinion

No. 90-687.

June 13, 1991.

Appeal from the Circuit Court, Orange County, Gary L. Formet, Sr., J.

James B. Gibson, Public Defender, and Barbara L. Condon, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and David S. Morgan, Asst. Atty. Gen., Daytona Beach, for appellee.

HARRIS, Judge.

Anthony Lopez Brown appeals his convictions and sentences for two counts of sexual battery committed on one victim, burglary of a dwelling and battery on a second victim. We affirm the convictions.

We agree with Brown, however, that the trial court erred in scoring victim injury points on both counts of sexual battery committed on the same victim. Carter v. State, 573 So.2d 426 (Fla. 5th DCA 1991). Since the deletion of these points will put Brown in a lower sentencing cell, resentencing is required.

AFFIRMED in part, REVERSED in part and REMANDED.

DAUKSCH and COBB, JJ., concur.