Forbes v. State

District Court of Appeal of Florida

Forbes v. State

611 So. 2d 50, 1992 Fla. App. LEXIS 13135, 1992 WL 383039

CourtDistrict Court of Appeal of Florida

DecidedDecember 29, 1992

DocketNo. 92-257

StatusPublished

This text of 611 So. 2d 50 (Forbes 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

Forbes v. State, 611 So. 2d 50, 1992 Fla. App. LEXIS 13135, 1992 WL 383039 (Fla. Ct. App. 1992).

Pincite

Opinion

WIGGINTON, Judge.

Appellant appeals his convictions, after jury trial, of two counts of sexual battery with a deadly weapon, two counts of kidnapping, two counts of a sexual act on a child under 16 and one count of conspiracy. We affirm his convictions on all counts except for the two counts of sexual act on a child under 16. As the state concedes, those offenses are subsumed within the greater offenses of sexual battery. Section 775.021(4), Florida Statutes (1989). Therefore, the convictions on the two counts of sexual act on a child under 16 are hereby reversed and this cause is remanded for deletion of those two offenses from- the guidelines scoresheet, for recalculation of the scoresheet and resentencing accordingly-

AFFIRMED in part, REVERSED in part and REMANDED for resentencing.

ERVIN and ZEHMER, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

WIGGINTON, Judge.

Appellant appeals his convictions, after jury trial, of two counts of sexual battery with a deadly weapon, two counts of kidnapping, two counts of a sexual act on a child under 16 and one count of conspiracy. We affirm his convictions on all counts except for the two counts of sexual act on a child under 16. As the state concedes, those offenses are subsumed within the greater offenses of sexual battery. Section 775.021(4), Florida Statutes (1989). Therefore, the convictions on the two counts of sexual act on a child under 16 are hereby reversed and this cause is remanded for deletion of those two offenses from- the guidelines scoresheet, for recalculation of the scoresheet and resentencing accordingly-

AFFIRMED in part, REVERSED in part and REMANDED for resentencing.

ERVIN and ZEHMER, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

611 So. 2d 50, 1992 Fla. App. LEXIS 13135, 1992 WL 383039, Counsel Stack Legal Research, https://law.counselstack.com/opinion/forbes-v-state-fladistctapp-1992.