Nelson v. State

MILLS, Judge.

Nelson appeals from the summary denial of his motion pursuant to Rule 3.850, Fla. R.Crim.P. alleging ineffective assistance of counsel and an incorrect sentence. We affirm in part and reverse in part.

With regard to his sentence, Nelson contends that, despite his guilty plea to four counts of attempted sexual battery of a child under eleven contrary to Section *1325794.011(2), Florida Statutes (1979), he was properly scored for only one count of victim injury. Leaving aside the propriety of scoring victim injury when the conviction is for attempt only, since this issue was not…