Nelson v. State

We affirm appellant’s sentence.

Although appellant’s original sentence imposed in 1991 was not valid because it was based on a scoresheet containing victim injury points in violation of the subsequent decision by the supreme court in Karchesky v. State, 591 So.2d 930 (Fla.1992),1 the trial court had the authority to depart from the guidelines in resentencing appellant if grounds existed. Roberts v. State, 547 So.2d 129 (Fla.1989); Weckerle v. State, 626 So.2d 1038 (Fla. 4th DCA 1993).

Appellant was convicted of sexual battery upon his daughter, who was fourteen at the time, pursuant to section…