ANTHONY LOPEZ BROWN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ANTHONY LOPEZ BROWN, APPELLANT,
STATE OF FLORIDA, APPELLEE
581 So. 2d 242
Florida District Court of Appeal, Fifth District (1991)
Caution
Cited by 8 cases
Opinion of the Court
HARRIS, Judge.
Anthony Lopez Brown appeals his convictions and sentences for two counts of sexual battery committed on one victim, burglary of a dwelling and battery on a second victim. We affirm the convictions.
We agree with Brown, however, that the trial court erred in scoring victim injury points on both counts of sexual battery committed on the same victim. Carter v. State, 573 So. 2d 426 (Fla. 5th DCA 1991). Since the deletion of these points will put Brown in a lower sentencing cell, resentencing is required.
AFFIRMED in part, REVERSED in part and REMANDED.
DAUKSCH and COBB, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Fretwell v. State, 586 So. 2d 483 (Fla. 5th DCA 1991)…arged. 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 v. State, 573 So. 2d 1053 (Fla. 2d DCA 1991). Under this construction of the rule, the 40 point block for victim injury on the defendant’s guidelines scoresheet was pr…
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Dolan v. State, 598 So. 2d 291 (Fla. 5th DCA 1992)…g there were four separate “episodes.” We disagree that the record supports that finding. But we think two separate episodes were clearly established. Thus, 80 victim injury points could be appropriately assessed on the score-sheet. Brown v. State, 581 So. 2d 242 (Fla. 5th DCA 1991) and Carter v. State, 573 So. 2d 426 (Fla. 5th DCA 1991), fail to state sufficient facts for a reader to determine whether they “control” this case or not. In Brown, there were two sexual batteries in the course of a burglary of a…1 / 2
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Brown v. State, 623 So. 2d 867 (Fla. 5th DCA 1993)…We conclude that this matter must be remanded to the trial court for a hearing because the instant record does not contain the pertinent documents concerning the sentence which was imposed following an earlier reversal by this court. Brown v. State, 581 So. 2d 242 (Fla. 5th DCA 1991). VACATED; REMANDED for a hearing. HARRIS, C.J., and GRIFFIN, J., concur.…
Authorities Cited
- Carter v. State, 573 So. 2d 426 (Fla. 5th DCA 1991)