597 So. 2d 425 | Fla. Dist. Ct. App. | 1992
Roger Lee Jones appeals his judgments and sentences entered upon guilty verdicts in each of four counts of committing a lewd and lascivious act upon a child under the age of sixteen. The four convictions arise out of a criminal episode in the summer of 1986, involving only one victim. We affirm Jones’ four convictions without comment, except to express our agreement with the Fourth District’s analysis regarding Jones’ constitutional challenge to section 800.04, Florida Statutes (1985). See State v. Phillips, 575 So.2d 1313 (Fla. 4th DCA), review denied, 589 So.2d 292 (Fla.1991). We reverse his sentences because the trial court incorrectly included 140 points for victim injury on the guidelines scoresheet. The trial court assessed victim injury points for each offense. It is now clear that no victim injury points could be assessed for these offenses under the guidelines applicable at that time. Karchesky v. State, 591 So.2d 930 (Fla.1992).
Affirmed in part, reversed in part, and remanded for resentencing.