Legal Opinion

Carter v. State

District Court of Appeal of Florida

Decided May 24, 1990No. 89-880PublishedCited by 1 opinion

1Opinion of the Court

W. SHARP, Judge.

Carter appeals from the trial court’s summary denial of his rule 3.800 motion to *1286correct an illegal sentence.1 He received a 17-year sentence for one count of committing a lewd and lascivious act in the presence of a child2 and four counts of attempted sexual battery.3 He argues his sentence greatly exceeds the applicable guideline range of 5V2 to 7 years because the trial court erroneously added 80 victim injury points for the four attempted sexual batteries. We agree and quash the sentence.

These criminal offenses took place in March and April of 1984. At that time, points…

2Cases cited5 opinions

  1. State v. WhitfieldSupreme Court of Florida · 1986
  2. Baker v. StateDistrict Court of Appeal of Florida · 1988
  3. Smith v. StateDistrict Court of Appeal of Florida · 1988
  4. Simmons v. StateDistrict Court of Appeal of Florida · 1987
  5. Collier v. StateDistrict Court of Appeal of Florida · 1988

3Cited by1 opinion

  1. McGowan v. StateDistrict Court of Appeal of Florida · 1991

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