Yanke v. State

LEHAN, Judge.

Finding no reversible error in defendant’s conviction for lewd assault on a child and attempting to engage a child in sexual activity, we affirm in that regard. However, because of a sentencing guidelines scoresheet miscalculation, we reverse and remand for resentencing.

Points were erroneously calculated for victim injury in connection with the offenses of attempting to engage a child in sexual activity, which resulted in defendant’s score being in a higher cell than was appropriate. See Beasley v. State, 503 So.2d 1347 (Fla. 5th DCA 1987) (when a defendant is convicted of an…