Patterson v. State

ON MOTION FOR REHEARING

W. SHARP, Judge.

Patterson moves for rehearing, citing two cases which were decided after we affirmed his conviction and sentence in a capital sexual battery case.1 See Fulkroad v. State, 640 So.2d 1160 (Fla. 2d DCA 1994) and Scott v. State, 638 So.2d 616 (Fla. 4th DCA 1994). He was also convicted of two counts of committing a lewd act on a child.2 We grant his motion for rehearing and withdraw our PCA, replacing it with the following opinion.

We affirm Patterson’s convictions and judgment on all counts but we find the trial court erroneously included victim injury points…