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Gibson v. State
455 So. 2d 1349
Fla. Dist. Ct. App.
1984
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PER CURIAM.

We reverse the sentencing order of the trial court and remand for a new sentencing hearing. We agree with appellant that there is no proper evidentiary basis in the record upon which to support the trial court’s finding that the victim of the attempted sexual battery was physically injured as a result of the incident. That being so, the appellant is entitled to have the scoring under the sentencing guidelines recomputed.

ANSTEAD, C.J., and HURLEY and DELL, JJ., concur.

Case Details

Case Name: Gibson v. State
Court Name: District Court of Appeal of Florida
Date Published: Oct 3, 1984
Citation: 455 So. 2d 1349
Docket Number: No. 84-55
Court Abbreviation: Fla. Dist. Ct. App.
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