VICTOR RAYMOND JORY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Victor Raymond Jory was convicted of ten counts of lewd and lascivious assault on a child,1 one count of promoting a sexual performance by a child,2 and one count of using a child in a sexual performance.3 We affirm the convictions, but reverse the sentences for each of the counts.
Although the able trial judge sentenced Jory in accordance with the law at that time, the Florida Supreme Court has since decided Flowers v. State, 586 So. 2d 1058 (Fla.1991) (addressing legal constraint points) and Karchesky v. State, 591 So. 2d 930 (Fla.1992) (addressing victim injury points). Accordingly, we reverse Jory’s sentences and remand this cause for resentencing in accordance with Flowers and Karchesky.
Convictions AFFIRMED; sentences REVERSED; and REMANDED for resentencing.
GOSHORN, C.J., and COBB and GRIFFIN, JJ., concur. . § 800.04(2), Fla.Stat. (1989).
. § 827.071(3), Fla.Stat. (1989).
.§ 827.071(2), Fla.Stat. (1989).
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Royce Glenn Harper v. State, 632 So. 2d 104 (Fla. 1st DCA 1994)…, 603 So. 2d 642 (Fla. 5th DCA 1992); Goodwin v. State, 600 So. 2d 1310 (Fla. 5th DCA 1992); Sanchez v. State, 600 So. 2d 1256 (Fla. 2d DCA 1992); Jones v. State, 597 So. 2d 425 (Fla. 2d DCA), review denied, 604 So. 2d 487 (Fla.1992); Jory v. State, 596 So. 2d 1126 (Fla. 5th DCA 1992); Morrison v. State, 596 So. 2d 535 (Fla. 5th DCA 1992). In so deciding, we recognize that this court apparently rejected a similar argument on a direct appeal in Perryman v. State, 608 So. 2d 528 (Fla. 1st DCA 1992), review deni…
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Jory v. State, 699 So. 2d 820 (Fla. 5th DCA 1997)…nce. On appeal, this court affirmed the defendant’s conviction, but reversed his sentence based upon the then newly issued opinions in Flowers v. State, 586 So. 2d 1058 (Fla.1991) and Karchesky v. State, 591 So. 2d 930 (Fla.1992). See Jory v. State, 596 So. 2d 1126 (Fla. 5th DCA 1992). On remand, the trial court resentenced the defendant to a term of 150 years’ imprisonment. The defendant appealed this departure sentence, and we affirmed. See Jory v. State, 647 So. 2d 152 (Fla. 5th DCA 1994). However, the supr…
Authorities Cited
- Karchesky v. State, 591 So. 2d 930 (Fla. 1992)
- Flowers v. State, 586 So. 2d 1058 (Fla. 1991)