Frison v. State

SHARP, Chief Judge.

Frison appeals his sentence of 100 years in prison which he received following his conviction for sexual battery with a deadly weapon in violation of section 794.011(3), Florida Statutes (1987). His sentencing guidelines scoresheet totalled 712 points, which corresponded to a recommended life sentence. The statutory maximum sentence for this offense was a term of imprisonment for life or a term of imprisonment not exceeding 40 years. See § 775.082(3)(a), Fla.Stat. (1987).

Appellant’s counsel opined that the sentencing error should be deemed harmless because under the…