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Worling v. State

District Court of Appeal of Florida, Fifth District
Mar 6, 1986
484 So. 2d 94 (Fla. Dist. Ct. App. 1986)
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Summary

holding that imposition of twenty victim injury points was proper where defendant was convicted of fondling a minor victim pursuant to section 800.04

Summary of this case from Seagrave v. State
See 2 Summaries

Opinion

No. 85-950.

March 6, 1986.

Appeal from the Circuit Court, Seminole County, Voley A. Williams, Jr., J.

James B. Gibson, Public Defender, and Brynn Newton, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and W. Brian Bayly, Asst. Atty. Gen., Daytona Beach, for appellee.

SHARP, Judge.

Worling appeals his sentence imposed for lewd and lascivious assault upon a child. Worling argues the trial court erred in adding twenty points to his guidelines scoresheet for victim injury, thereby raising the recommended guidelines sentence to a higher bracket. We affirm.

In this case the information charged in two counts that:

John Sessums Worling . . . did then and there unlawfully handle, fondle or make an assault in a lewd, lascivious or indecent manner upon a child, under the age of fourteen (14) years to wit: [the victim], age (9), years, without intent to commit involuntary sexual battery by TOUCHING OR FONDLING HER PUBIC AREA, contrary to section 800.04, Florida Statutes.

Section 800.04 is written in the disjunctive, to encompass acts involving victim contact as well as acts involving no victim contact. It provides:

Any person who shall handle, fondle or make an assault upon any child under the age of fourteen years in a lewd, lascivious or indecent manner, or who shall knowingly commit any lewd or lascivious act in the presence of such child, without the intent to commit sexual battery shall be guilty of a felony of the second degree. (Emphasis added).

Here the information charged only that portion of the statute dealing with victim contact.

In Moore v. State, 469 So.2d 947 (Fla. 5th DCA 1985), review granted, No. 67,281 (Fla. Jan. 24, 1986), we held in an identical case that it was proper to assess points for victim injury under these circumstances. We affirm on the basis of Moore.

AFFIRMED.

DAUKSCH and UPCHURCH, JJ., concur.

Summaries of

Worling v. State

District Court of Appeal of Florida, Fifth District
Mar 6, 1986
484 So. 2d 94 (Fla. Dist. Ct. App. 1986)

holding that imposition of twenty victim injury points was proper where defendant was convicted of fondling a minor victim pursuant to section 800.04

Summary of this case from Seagrave v. State

In Worling v. State, 484 So.2d 94 (Fla. 5th DCA 1986), where Worling was charged in the information with lewd and lascivious assault worded identically to the charge against appellant here, the court found that section 800.04 Florida Statutes is worded in the disjunctive such that it can encompass acts involving victim contact and those without victim contact.

Summary of this case from Mackey v. State
Case details for

Worling v. State

Case Details

Full title:JOHN SESSUMS WORLING, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fifth District

Date published: Mar 6, 1986

Citations

484 So. 2d 94 (Fla. Dist. Ct. App. 1986)

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