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LaFlamme v. State

District Court of Appeal of Florida, Second District
Jul 23, 1991
586 So. 2d 66 (Fla. Dist. Ct. App. 1991)

Opinion

No. 89-02343.

June 19, 1991. Rehearing Denied July 23, 1991.

Appeal from the Circuit Court, Collier County, Charles T. Carlton, J.

Sara V. Fielding, Ft. Meade, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Richard E. Doran, Director of Crim. Appeals, Dept. of Legal Affairs, Tallahassee, for appellee.


We affirm the defendant's two convictions without discussion. We reverse his sentence on the lewd, lascivious, or indecent assault conviction because the trial court scored forty points for penetration under victim injury when it should have scored only twenty points for contact. See Daum v. State, 544 So.2d 1035 (Fla. 2d DCA), review denied, 551 So.2d 462 (Fla. 1989); O'Bright v. State, 508 So.2d 385 (Fla. 4th DCA 1987). On remand, the trial court may reimpose the same sentence because, even with the twenty fewer points, the defendant's total points will still fall within the same permitted range.

Affirmed in part, reversed in part, and remanded.

HALL, A.C.J., and THREADGILL and ALTENBERND, JJ. concur.


Summaries of

LaFlamme v. State

District Court of Appeal of Florida, Second District
Jul 23, 1991
586 So. 2d 66 (Fla. Dist. Ct. App. 1991)
Case details for

LaFlamme v. State

Case Details

Full title:KENNETH SCOTT LaFLAMME, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Jul 23, 1991

Citations

586 So. 2d 66 (Fla. Dist. Ct. App. 1991)

Citing Cases

Luhrsen v. State

Accordingly, we conclude that the court erred in making a finding of penetration. See LaFlamme v. State, 586…