Wilson v. State

We affirm the order revoking Wilson’s probation as the evidence is sufficient to prove a willful and substantial violation for failure to complete the sex offender program. See Chamness v. State, 697 So.2d 961 (Fla. 2d DCA 1997). However, we vacate the sentence and remand for resentencing. As the state properly concedes, the court erred in assessing 40 points for penetration on the sentencing guidelines seoresheet. The state stipulated that the evidence showed sexual contact, rather than penetration. Thus, the seoresheet should have included only 18 points for contact. See State v. Montague,…