JORY v. STATE

Full title: VICTOR RAYMOND JORY, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: Apr 22, 1992

596 So. 2d 1126 (Fla. Dist. Ct. App. 1992)

Opinion

No. 91-334.

March 13, 1992. Rehearing Denied April 22, 1992.

Appeal from the Circuit Court for Brevard County; Edward J. Richardson, Judge.

James B. Gibson, Public Defender and Noel A. Pelella, Asst. Public Defender, Daytona Beach, for appellant.

Victor R. Jory, pro se.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Nancy Ryan, Asst. Atty. Gen., Daytona Beach, for appellee.

PER CURIAM.

Victor Raymond Jory was convicted of ten counts of lewd and lascivious assault on a child,¹ one count of promoting a sexual performance by a child,² and one count of using a child in a sexual performance.³ We affirm the convictions, but reverse the sentences for each of the counts.

1 § 800.04(2), Fla. Stat. (1989).

2 § 827.071(3), Fla. Stat. (1989).

3 § 827.071(2), Fla. Stat. (1989).

Although the able trial judge sentenced Jory in accordance with the law at that time, the Florida Supreme Court has since decided Flowers v. State, 586 So.2d 1058 (Fla. 1991) (addressing legal constraint points) and Karchesky v. State, 591 So.2d 930 (Fla. 1992) (addressing victim injury points). Accordingly, we reverse Jory's sentences and remand this cause for resentencing in accordance with Flowers and Karchesky.

Convictions AFFIRMED; sentences REVERSED; and REMANDED for resentencing.

GOSHORN, C.J., and COBB and GRIFFIN, JJ., concur.