Johnston v. State

Charles D. Johnston appeals his conviction and sentence imposed for one count of capital sexual battery and three counts of lewd assault upon a child. With the exception of the sentence imposed by the trial court, the issues raised by this appeal are without merit. Appellant was sentenced on all counts to life in prison, with a mandatory minimum 25 years. This is an impermissible general sentence. Dorfman v. State, 351 So.2d 954 (Fla.1977). Furthermore, the sexual battery of a child, being a capital offense, is not scored.1 See Anderson v. State, 550 So.2d 488 (Fla. 4th DCA 1989); Disinger v.…