Perry v. State

W. SHARP, Judge.

Perry argues the two 30-year concurrent sentences he received for sexual battery,1 kidnapping,2 and uttering a forgery,3 are in excess of the sentencing guidelines because the scoresheet included 40 points for victim injury based solely on “penetration.”4 The crimes were committed in 1990. He was sentenced in 1994 after violating his probation. We agree and vacate Perry’s sentences.

The state concedes that at the time the offenses were committed, victim injury points could not be assessed for “penetration” alone. Karchesky v. State, 591 So.2d 930 (Fla.1992); Patterson v. State,…