EDDIE CARTER AND FRANK E. JOHNSON, APPELLANTS,
v.
STATE OF FLORIDA, APPELLEE
[*427] COBB, Judge.
We affirm the convictions of the appellants, Eddie Carter and Frank Johnson, for three counts of sexual battery and kidnapping. We reverse the sentence imposed on Carter because victim injury points were assessed on his sentencing guidelines scoresheet for each of three sexual batteries committed against one victim during one criminal episode, contrary to Florida Rule of Criminal Procedure 3.701 d.7. (1988), which limited such scoring to “each victim,” not to each count. See Weekley v. State, 553 So. 2d 239 (Fla. 3d DCA 1989).
Both convictions, and the sentence of Johnson, are affirmed. The sentence of the appellant Carter is reversed and remanded for resentencing.
AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.
DAUKSCH and W. SHARP, JJ„ concur.
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Burrows v. State, 649 So. 2d 902 (Fla. 1st DCA 1995)…oresheet, we are compelled to vacate the sentence. Victim injury points may not be assessed for each count of sexual battery where the offenses were committed on the same victim. Weekley v. State, 553 So. 2d 239 (Fla. 3d DCA 1989); Carter v. State, 573 So. 2d 426 (Fla. 5th DCA 1991). The “victim injury” portion of the sentencing guidelines score-sheet form used here assigns 40 points for “penetration or slight injury.” The score-sheet indicates that 80 victim injury points were assessed, 40 for each count of…
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Emory W. McGOWAN v. State, 586 So. 2d 1311 (Fla. 5th DCA 1991)…action.” This has been interpreted to mean that only a single score for victim injury to one victim should be assessed for one episode even if the defendant inflicted more than one sexual battery upon that victim during the episode. Carter v. State, 573 So. 2d 426 (Fla. 5th DCA 1991); Gordon v. State, 575 So. 2d 736 (Fla. 4th DCA 1991); Weekley v. State, 553 So. 2d 239 (Fla. 3d DCA 1989). Thus McGowan’s scoresheet should have included only forty points for victim injury unless portions of the record not yet p…
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Fretwell v. State, 586 So. 2d 483 (Fla. 5th DCA 1991)…inal episode or transaction and not once for each count or offense into which the events comprising a single criminal episode or transaction may have been divided and charged. See Booker v. State, 578 So. 2d 818 (Fla. 4th DCA 1991); Carter v. State, 573 So. 2d 426 (Fla. 5th DCA 1991); Williams v. State, 565 So. 2d 838 (Fla. 1st DCA 1990); Weekley v. State, 553 So. 2d 239 (Fla. 3d DCA 1989). See also Brown v. State, 581 So. 2d 242 (Fla. 5th DCA 1991); Gordon v. State, 575 So. 2d 736 (Fla. 4th DCA 1991); Ramsey…
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- Weekley v. State, 553 So. 2d 239 (Fla. 3d DCA 1989)