Opinion
No. 84-55.
October 3, 1984.
Appeal from the Circuit Court for Broward County; Robert W. Tyson, Jr., Judge.
Richard L. Jorandby, Public Defender, and Tatjana Ostapoff, Asst. Public Defender, West Palm Beach, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and Russell S. Bohn, Asst. Atty. Gen., West Palm Beach, for appellee.
We reverse the sentencing order of the trial court and remand for a new sentencing hearing. We agree with appellant that there is no proper evidentiary basis in the record upon which to support the trial court's finding that the victim of the attempted sexual battery was physically injured as a result of the incident. That being so, the appellant is entitled to have the scoring under the sentencing guidelines recomputed.
ANSTEAD, C.J., and HURLEY and DELL, JJ., concur.