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Johnson v. State

District Court of Appeal of Florida, Second District
Dec 13, 1995
664 So. 2d 1112 (Fla. Dist. Ct. App. 1995)

Opinion

No. 94-02690.

December 13, 1995.

Appeal from the Circuit Court for Hillsborough County; Cynthia A. Holloway, Judge.

James Marion Moorman, Public Defender, and Jennifer Y. Fogle, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Scott A. Browne, Assistant Attorney General, Tampa, for Appellee.


Joseph Michael Johnson appeals his convictions and sentences for sexual battery and lewd and lascivious behavior. We affirm the convictions, but reverse for resentencing. Because the trial court did not consider a sentencing guidelines scoresheet when sentencing the defendant for the lewd and lascivious conviction, the case must be remanded for resentencing on that count. See Lamb v. State, 532 So.2d 1051 (Fla. 1988); Salazar v. State, 662 So.2d 1294 (Fla. 2d DCA 1995); Gaither v. State, 614 So.2d 29 (Fla. 2d DCA 1993).

DANAHY, A.C.J., and PARKER and FULMER, JJ., concur.


Summaries of

Johnson v. State

District Court of Appeal of Florida, Second District
Dec 13, 1995
664 So. 2d 1112 (Fla. Dist. Ct. App. 1995)
Case details for

Johnson v. State

Case Details

Full title:JOSEPH MICHAEL JOHNSON, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Dec 13, 1995

Citations

664 So. 2d 1112 (Fla. Dist. Ct. App. 1995)