Gibson v. State

District Court of Appeal of Florida

Gibson v. State

455 So. 2d 1349, 9 Fla. L. Weekly 2113, 1984 Fla. App. LEXIS 15267

CourtDistrict Court of Appeal of Florida

DecidedOctober 3, 1984

DocketNo. 84-55

StatusPublished

Cited by1 cases

This text of 455 So. 2d 1349 (Gibson 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

Gibson v. State, 455 So. 2d 1349, 9 Fla. L. Weekly 2113, 1984 Fla. App. LEXIS 15267 (Fla. Ct. App. 1984).

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Opinion

PER CURIAM.

We reverse the sentencing order of the trial court and remand for a new sentencing hearing. We agree with appellant that there is no proper evidentiary basis in the record upon which to support the trial court’s finding that the victim of the attempted sexual battery was physically injured as a result of the incident. That being so, the appellant is entitled to have the scoring under the sentencing guidelines recomputed.

ANSTEAD, C.J., and HURLEY and DELL, JJ., concur.

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PER CURIAM.

We reverse the sentencing order of the trial court and remand for a new sentencing hearing. We agree with appellant that there is no proper evidentiary basis in the record upon which to support the trial court’s finding that the victim of the attempted sexual battery was physically injured as a result of the incident. That being so, the appellant is entitled to have the scoring under the sentencing guidelines recomputed.

ANSTEAD, C.J., and HURLEY and DELL, JJ., concur.

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Bluebook (online)

455 So. 2d 1349, 9 Fla. L. Weekly 2113, 1984 Fla. App. LEXIS 15267, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gibson-v-state-fladistctapp-1984.

Opinion

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