State v. Wilford

Appellant, the State of Florida, appeals the trial judge’s decision to apply 40 points for sexual contact rather than 80 points for sexual penetration on appellee’s sentencing guidelines scoresheet. We affirm.

First, we note that because a factual determination by the trial judge is at issue in this case, the correct standard of review is whether the decision is supported by competent, substantial evidence. See Philip J. Padovano, Florida Appellate Practice § 9.6 (1997); Dwight v. State, 677 So.2d 1363, 1364 (Fla. 1st DCA 1996).

The State cites McClendon v. State, 679 So.2d 1255 (Fla. 1st DCA…