STATE OF FLORIDA, PETITIONER,

v.

TONY LEE MOORE, RESPONDENT

Citator

Cited By

• Brown v. State, 508 So. 2d 522 (Fla. 2d DCA 1987)
  …more than one manner, one of which involves physical contact, victim injury can be scored if the charging instrument alleges and the evidence demonstrate physical contact. Moore v. State, 469 So. 2d 947 (Fla. 5th DCA 1985), quashed on other grounds, 489 So. 2d 1130 (Fla.1986). However, Brown states he was charged under section 787.01(1)(a)(2), kidnapping with the intent to facilitate the commission of another felony, and that neither the information nor the evidence support a finding that victim injury was an…
• Beasley v. State, 503 So. 2d 1347 (Fla. 5th DCA 1987)
  …es at conviction.” This court has held that victim injury can be scored for a conviction of lewd, lascivious or indecent assault or act upon or in the presence of a child. Moore v. State, 469 So. 2d 947 (Fla. 5th DCA 1985), quashed on other grounds, 489 So. 2d 1130 (Fla.1986). The court noted that the lewd and lascivious assault statute was written in the disjunctive so that physical contact could constitute an element since the information charged the crime in the disjunctive. Likewise, the information in the…
• O'Bright v. State, 508 So. 2d 385 (Fla. 1st DCA 1987)
  …nizes that scoring victim injury for “contact but no penetration" in sentencing for a violation of section 800.04, Florida Statutes (1983), has been judicially approved in Moore v. State, 469 So. 2d 947 (Fla. 5th DCA 1985), quashed on other grounds, 489 So. 2d 1130 (Fla.1986), but argues that this decision has, by implication, limited such scoring to contact only and has thereby excluded scoring for penetration. . This amendment became effective October 1, 1984, and was effective during the period of time tha…

Authorities Cited

• State v. Jackson, 478 So. 2d 1054 (Fla. 1985)
• Moore v. State, 469 So. 2d 951 (Fla. 1st DCA 1985)