PAUL BANASZAK, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1991-05-22
No. 90-00693
SCHEB, A.C.J., and LEHAN, J., concur.
579 So. 2d 867 Florida District Court of Appeal, Second District (1991) Positive Treatment
Cited by 7 cases
Topics
Additional Offense Scoring Primary Offense Scoring Capital Sentencing

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Opinion of the Court
HALL, Judge.

HALL, Judge.

Banaszak challenges his conviction for sexual battery of a child under twelve. He presents several issues for review; however, we find merit only in the issue relating to the improper preparation of his guidelines scoresheet. Because sexual battery of a child is a capital felony under section 794.011(2), Florida Statutes (1989), it is not subject to a guidelines sentence and cannot be scored as the primary offense and a life felony on a guidelines scoresheet. See § 921.001(4), Fla.Stat. (1989); Rivas v. State, 554 So. 2d 636 (Fla. 4th DCA 1989), and cases cited therein; and Boatwright v. State, 512 So. 2d 955 (Fla. 1st DCA 1987).

The trial court indicated sexual battery as the primary offense on Banaszak’s guidelines scoresheet and treated it as a life felony. The two convictions for lewd and lascivious acts were thus scored as additional offenses. Since that was error under the authority cited above, the case should be remanded for preparation of a new scoresheet and resentencing on the lewd and lascivious convictions.

Accordingly, we remand this case for corrections consistent with this opinion, but affirm Banaszak’s convictions in all other respects.

SCHEB, A.C.J., and LEHAN, J., concur.

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  • Curry v. State, 261 So. 3d 524 (Fla. 2d DCA 2019)
  • Cornelio Herrera-Martinez v. State, 265 So. 3d 725 (Fla. 2d DCA 2019)
    …46 (Fla. 2005); Hughes v. State, 22 So. 3d 132 (Fla. 2d DCA 2009); Steward v. State, 931 So. 2d 133 (Fla. 2d DCA 2006); Shortridge v. State, 884 So. 2d 321 (Fla. 2d DCA 2004); Brown v. State, 827 So. 2d 1054 (Fla. 2d DCA 2002); Banaszak v. State, 579 So. 2d 867 (Fla. 2d DCA 1991); Sims v. State, 141 So. 3d 613 (Fla. 4th DCA 2014). SILBERMAN, VILLANTI, and ATKINSON, JJ., Concur.…
  • Gero Raffone v. State (Fla. 2d DCA 2019)
    …06); Coughlin v. State, 932 So. 2d 1224 (Fla. 2d DCA 2006) (en banc); Steward v. State, 931 So. 2d 133 (Fla. 2d DCA 2006); Shortridge v. State, 884 So. 2d 321 (Fla. 2d DCA 2004); Brown v. State, 827 So. 2d 1054 (Fla. 2d DCA 2002); Banaszak v. State, 579 So. 2d 867 (Fla. 2d DCA 1991); Dailey v. State, 501 So. 2d 15 (Fla. 2d DCA 1986). VILLANTI, LUCAS, and SALARIO, JJ., Concur.…

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