JOHN SESSUMS WORLING, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that it was proper to assess points for victim injury under the circumstances presented.
The appellant was sentenced for lewd and lascivious assault upon a child. The trial court added twenty points to his guidelines scoresheet for victim …
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SHARP, Judge.
Worling appeals his sentence imposed for lewd and lascivious assault upon a child.1 Worling argues the trial court erred in adding twenty points to his guidelines scoresheet for victim injury, thereby raising the recommended guidelines sentence to a higher bracket. We affirm.
In this case the information charged in two counts that:
John Sessums Worling ... did then and there unlawfully handle, fondle or make an assault in a lewd, lascivious or indecent manner upon a child, under the age of fourteen (14) years to wit: [the victim], age (9), years, without intent to commit involuntary sexual battery by TOUCHING OR FONDLING HER PUBIC AREA, contrary to section 800.04, Florida Statutes.
Section 800.04 is written in the disjunctive, to encompass acts involving victim contact as well as acts involving no victim contact. It provides:
Any person who shall handle, fondle or make an assault upon any child under the age of fourteen years in a lewd, lascivious or indecent manner, or who shall knowingly commit any lewd or lascivious act in the presence of such child, without the intent to commit sexual battery shall be guilty of a felony of the second degree. (Emphasis added).
Here the information charged only that portion of the statute dealing with victim contact.
In Moore v. State, 469 So. 2d 947 (Fla. 5th DCA 1985), review granted, No. 67,281 (Fla. Jan. 24, 1986), we held in an identical case that it was proper to assess points for victim injury under these circumstances. We affirm on the basis of Moore.
AFFIRMED.
DAUKSCH and UPCHURCH, JJ., concur. . § 800.04, Fla.Stat. (1983).
Cases With Similar Vibessemantic neighbors from the corpus
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Seagrave v. State, 802 So. 2d 281 (Fla. 2001)…987) (holding that the imposition of victim injury points was proper where defendant was convicted of lewd and lascivious assault where information stated that the defendant "did handle, fondle or make an assault” upon the victim); Worling v. State, 484 So. 2d 94, 94 (Fla. 5th DCA 1986) (holding that imposition of twenty victim injury points was proper where defendant was convicted of fondling a minor victim pursuant to section 800.04). . The fact that appellate courts may differ in their interpretations of…
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Lifka v. State, 530 So. 2d 371 (Fla. 1st DCA 1988)…al v. State, 469 So. 2d 196 (Fla. 2d DCA 1985), review denied, 476 So. 2d 673 (Fla.1985). Section 800.04, Florida Statutes, is written to encompass acts involving victim contact, as well as acts which do not involve victim contact. Worling v. State, 484 So. 2d 94 (Fla. 5th DCA 1986). Assault does not require contact with the victim and is, by definition, the doing of an act(s) creating in the mind of the victim reasonable fear that violence is imminent. There is no requirement that the perpetrator of a lewd…
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MacKey v. State, 516 So. 2d 330 (Fla. 1st DCA 1987)…jail sentence, in exchange for a plea of nolo contendere. Further, the guideline sentence for the score of 178 which includes victim injury has a maximum of 30 months community control, six more than appellant actually received. In Worling v. State, 484 So. 2d 94 (Fla. 5th [*331] DCA 1986), where Worling was charged in the information with lewd and lascivious assault worded identically to the charge against appellant here, the court found that section 800.04 Florida Statutes is worded in the disjunctive such…
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- Moore v. State, 469 So. 2d 947 (Fla. 5th DCA 1985)