Boyd v. State

GERSTEN, Judge.

Appellant, Robert Paul Boyd, appeals an order denying his motion to correct an illegal sentence. We vacate appellant’s sentence and remand for resentencing, based upon Karchesky v. State, 591 So.2d 930 (Fla.1992).

In Karchesky, a defendant was tried and convicted of three counts of unlawful carnal intercourse with a person under the age of eighteen. At trial there was no evidence of physical injury or trauma to the victim. However, the trial court assessed victim injury points for all three counts based on penetration during intercourse. Karchesky held that points for victim…