Duval v. State

ALTERNBERND, Judge.

Duval appeals his resentencing for sexual battery. Because this case is controlled by Smith v. State, 536 So.2d 1021 (Fla.1988), we reverse and remand for resen-tencing.

In Duval v. State, 500 So.2d 570 (Fla. 2d DCA 1986), this court affirmed the defendant’s conviction for sexual battery. This court, however, reversed his departure sentence of forty years’ imprisonment and remanded for resentencing “within the guidelines.”

At his initial sentencing, the guidelines scoresheet indicated a presumptive sentencing range of seventeen to twenty-two years of imprisonment. Because the…