CLYDE LEE GIBSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
CLYDE LEE GIBSON, APPELLANT,
STATE OF FLORIDA, APPELLEE
455 So. 2d 1349
Florida District Court of Appeal, Fourth District (1984)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Mincey v. State, 468 So. 2d 473 (Fla. 4th DCA 1985)…e at a proper sentence. While it is the trial judge’s obligation to approve the score sheets, the state should assure a record that will support the various scores for each relevant factor. Although the detailed facts of the case in Gibson v. State, 455 So. 2d 1349 (Fla. 4th DCA 1984), are not set forth, our conclusion here appears to be consistent with that decision. Furthermore, the record presented here tends to show no injury, rather than a slight injury, to the victims. Therefore, appellant is entitled to…