HIRAM BEAMON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
HIRAM BEAMON, APPELLANT,
STATE OF FLORIDA, APPELLEE
852 So. 2d 352
Florida District Court of Appeal, First District (2003)
Caution
Cited by 1 case
Opinion of the Court
PER CURIAM.
The trial court in this criminal case imposed victim injury points for sexual contact after the jury returned a verdict of guilty of attempted lewd or lascivious battery. As the appellant argues and the state acknowledges, these victim injury points should not have been scored. See Grant v. State, 783 So. 2d 1120 (Fla. 1st DCA 2001).. Accordingly, the appellant’s sentence is vacated and this case is remanded for resentencing under a corrected scoresheet.
ERVIN, BARFIELD and ALLEN, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Elkind v. Knox, 933 So. 2d 1264 (Fla. 4th DCA 2006)…arehouse v. Webb, 304 So. 2d 97 (Fla.1974) (order dismissing complaint with prejudice is not final if compulsory counterclaim involving same parties remains pending). The only case cited which involves a cross-claim is Morris v. Painewebber, Inc., 852 So. 2d 352 (Fla. 1st DCA 2003); however, the opinion dismissing that appeal does not explain who the parties were to the claim still pending in the trial court. If, in Morris, the pending cross-claim was between the appellant and appellee, the appeal would hav…
Authorities Cited
- Palma v. State, 783 So. 2d 1120 (Fla. 1st DCA 2001)