Harrison v. State

District Court of Appeal of Florida

Harrison v. State

710 So. 2d 1388, 1998 Fla. App. LEXIS 7448, 1998 WL 320155

Procedural entryThis page is a short order in Harrison v. State. Read the opinion of the Court — 743 So. 2d 178 →

District Court of Appeal of Florida·Decided June 19, 1998·No. No. 97-3149·Published

Opinion

PER CURIAM.

Even if appellant’s argument is correct that there was no evidence of penetration, but only contact, (a point disputed by the state), thus reducing the scoresheet total by 40 points, the sentence of 132 months incarceration would still be well within the guidelines (99.15 minimum — 165.25 maximum) and within the 15 year cap agreed to by the state when it agreed to go along with a nolo plea to the sexual battery charge and nolle prosse other charges.

AFFIRMED.

DAUKSCH and GOSHORN, JJ., and ORFINGER, M., Senior Judge, concur.

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PER CURIAM.

Even if appellant’s argument is correct that there was no evidence of penetration, but only contact, (a point disputed by the state), thus reducing the scoresheet total by 40 points, the sentence of 132 months incarceration would still be well within the guidelines (99.15 minimum — 165.25 maximum) and within the 15 year cap agreed to by the state when it agreed to go along with a nolo plea to the sexual battery charge and nolle prosse other charges.

AFFIRMED.

DAUKSCH and GOSHORN, JJ., and ORFINGER, M., Senior Judge, concur.

Harrison v. State, 710 So. 2d 1388, 1998 Fla. App. LEXIS 7448, 1998 WL 320155 (Fla. Ct. App. 1998).

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