KENNETH SCOTT LAFLAMME, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
KENNETH SCOTT LAFLAMME, APPELLANT,
STATE OF FLORIDA, APPELLEE
586 So. 2d 66
Florida District Court of Appeal, Second District (1991)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We affirm the defendant’s two convictions without discussion. We reverse his sentence on the lewd, lascivious, or indecent assault conviction because the trial court scored forty points for penetration under victim injury when it should have scored only twenty points for contact. See Daum v. State, 544 So. 2d 1035 (Fla. 2d DCA), review denied, 551 So. 2d 462 (Fla.1989); O’Bright v. State, 508 So. 2d 385 (Fla. 4th DCA 1987). On remand, the trial court may reimpose the same sentence because, even with the twenty fewer points, the defendant’s total points will still fall within the same permitted range.
Affirmed in part, reversed in part, and remanded.
HALL, A.C.J., and THREADGILL and ALTENBERND, JJ. concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Luhrsen v. State, 702 So. 2d 596 (Fla. 2d DCA 1997)…d based on the verdicts and the instructions that generated these verdicts, it may be concluded that the jury specifically found no penetration. Accordingly, we conclude that the court erred in making a finding of penetration. See LaFlamme v. State, 586 So. 2d 66 (Fla. 2d DCA 1991); Daum v. State, 544 So. 2d 1035 (Fla. 2d DCA 1989); O’Bright v. State, 508 So. 2d 385 (Fla. 1st DCA 1987). Appellant’s sentence is vacated and the trial court is directed to resentence appellant in accord with this opinion. THRE…
Authorities Cited
- O'Bright v. State, 508 So. 2d 385 (Fla. 1st DCA 1987)
- Daum v. State, 544 So. 2d 1035 (Fla. 2d DCA 1989)