Baker v. State

District Court of Appeal of Florida

Baker v. State

687 So. 2d 64, 1997 Fla. App. LEXIS 351, 1997 WL 35184

CourtDistrict Court of Appeal of Florida

DecidedJanuary 31, 1997

DocketNo. 96-1518

StatusPublished

This text of 687 So. 2d 64 (Baker v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Baker v. State, 687 So. 2d 64, 1997 Fla. App. LEXIS 351, 1997 WL 35184 (Fla. Ct. App. 1997).

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Opinion

PER CURIAM.

The defendant, Steven M. Baker, was found guilty of two counts of sexual battery in violation of section 794.011(5), Florida Statutes (1995). At sentencing, the trial court assessed 40 points for two counts of penetration, totaling 80 points for victim injury. The record supports a finding of penetration in only one of the two sexual batteries. Thus, 40 points should have been assessed for the one count in which penetration occurred, and 18 points should have been assessed for the other count which involved only contact. Proper calculation of the scoresheet places the defendant in a lower sentencing cell. Accordingly, we reverse the sentence and remand for resen-tencing.

REVERSED and REMANDED.

DAUKSCH, GRIFFIN and ANTOON, JJ., concur.

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PER CURIAM.

The defendant, Steven M. Baker, was found guilty of two counts of sexual battery in violation of section 794.011(5), Florida Statutes (1995). At sentencing, the trial court assessed 40 points for two counts of penetration, totaling 80 points for victim injury. The record supports a finding of penetration in only one of the two sexual batteries. Thus, 40 points should have been assessed for the one count in which penetration occurred, and 18 points should have been assessed for the other count which involved only contact. Proper calculation of the scoresheet places the defendant in a lower sentencing cell. Accordingly, we reverse the sentence and remand for resen-tencing.

REVERSED and REMANDED.

DAUKSCH, GRIFFIN and ANTOON, JJ., concur.

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Bluebook (online)

687 So. 2d 64, 1997 Fla. App. LEXIS 351, 1997 WL 35184, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baker-v-state-fladistctapp-1997.