Yanke v. State

District Court of Appeal of Florida

Yanke v. State

540 So. 2d 848, 14 Fla. L. Weekly 496, 1989 Fla. App. LEXIS 865, 1989 WL 11947

CourtDistrict Court of Appeal of Florida

DecidedFebruary 17, 1989

DocketNo. 87-3399

StatusPublished

Cited by1 cases

This text of 540 So. 2d 848 (Yanke 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.

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Yanke v. State, 540 So. 2d 848, 14 Fla. L. Weekly 496, 1989 Fla. App. LEXIS 865, 1989 WL 11947 (Fla. Ct. App. 1989).

Pincite

Opinion

LEHAN, Judge.

Finding no reversible error in defendant’s conviction for lewd assault on a child and attempting to engage a child in sexual activity, we affirm in that regard. However, because of a sentencing guidelines scoresheet miscalculation, we reverse and remand for resentencing.

Points were erroneously calculated for victim injury in connection with the offenses of attempting to engage a child in sexual activity, which resulted in defendant’s score being in a higher cell than was appropriate. See Beasley v. State, 503 So.2d 1347 (Fla. 5th DCA 1987) (when a defendant is convicted of an attempt and victim injury is not necessarily an element of the offense, points may not be scored for victim injury, although in an appropriate case victim injury may provide a valid reason for departure).

The judgment is affirmed, the sentence is reversed, and the cause is remanded for resentencing.

SCHOONOVER, A.C.J., and THREADGILL, J., concur.

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LEHAN, Judge.

Finding no reversible error in defendant’s conviction for lewd assault on a child and attempting to engage a child in sexual activity, we affirm in that regard. However, because of a sentencing guidelines scoresheet miscalculation, we reverse and remand for resentencing.

Points were erroneously calculated for victim injury in connection with the offenses of attempting to engage a child in sexual activity, which resulted in defendant’s score being in a higher cell than was appropriate. See Beasley v. State, 503 So.2d 1347 (Fla. 5th DCA 1987) (when a defendant is convicted of an attempt and victim injury is not necessarily an element of the offense, points may not be scored for victim injury, although in an appropriate case victim injury may provide a valid reason for departure).

The judgment is affirmed, the sentence is reversed, and the cause is remanded for resentencing.

SCHOONOVER, A.C.J., and THREADGILL, J., concur.

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Bluebook (online)

540 So. 2d 848, 14 Fla. L. Weekly 496, 1989 Fla. App. LEXIS 865, 1989 WL 11947, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yanke-v-state-fladistctapp-1989.

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