Lewis v. State

Lewis appeals the sentence imposed after a jury convicted him of a violation of section 951.221(1), Florida Statutes (2002), sexual misconduct by a county or municipal detention facility employee. Specifically, Lewis contests the 80 points assessed for victim injury on his criminal punishment code scoresheet. Lewis argues victim injury points are inappropriate because section 921.0021(7)(a) prohibits such points from being assessed for violations of a similar statute, section 944.35(3)(b)2., Florida Statutes (2002). See § 921.0021(7)(c), Fla. Stat. (2002).

As the resolution of this appeal…