Summary
In Galindez v. State, 831 So.2d 780 (Fla. 3d DCA 2002), rendered on January 13, 2003, we partially reversed and remanded on the ground that the trial court had overassessed the points for penetration in preparing the guideline scoresheet.
Summary of this case from Galindez v. StateOpinion
Case No. 3D02-2207.
Opinion filed December 4, 2002. Rehearing Denied December 27, 2002.
An Appeal under Fla.R.App.P. 9.141(b)(2) from the Circuit Court for Miami-Dade County, Daryl Trawick, Judge. L.T. No. 98-4035.
Alexander Galindez, in proper person.
Richard E. Doran, Attorney General, and Barbara A. Zappi, Assistant Attorney General, for appellee.
Before JORGENSON, COPE, and GODERICH, JJ.
We grant the motion for rehearing, withdraw our opinion dated September 11, 2002, and substitute this opinion in its stead.
The defendant's scoresheet erroneously reflects an assessment of 80 victim injury points for his conviction on count IV. Victim injury points on Count IV should have totaled 40 points as the conviction was for sexual union without penetration. See § 921.0011(7)(b), Fla. Stat. (1998); § 921.0014, Fla. Stat. (2001. Accordingly, we reverse the denial of the defendant's motion for rule 3.800 relief and remand for resentencing.
REVERSED AND REMANDED.