Corley v. State

ON HEARING EN BANC

SHEPHERD, J.

As we have done in prior cases, see, e.g., Lanier v. State, 709 So.2d 112 (Fla. 3d DCA 1998); Guerrero v. Fonte, 507 So.2d 620 (Fla. 3d DCA 1987), we sua sponte consider this case en banc because the proposed panel opinion directly conflicts with our recent decision in Arroliga v. State, 928 So.2d 519 (Fla. 3d DCA 2006). In Arroliga, we held that the statewide sentencing guidelines in existence in 1991 and 1992, the period during which Arroliga committed his crimes, authorized the assessment of victim injury points for a crime involving “sexual contact” absent…