Dolan v. State

W. SHARP, Judge.

Dolan appeals from his sentences imposed after being convicted of four counts of sexual battery on one victim. He argues the trial court erred in assessing 40 injury points for each count (4 X 40), resulting in an addition of 160 points to his *292scoresheet. We agree and vacate the sentences.

Since the sexual batteries in this case took place in February of 1990, we must apply the guidelines’ victim-injury-point rules as they then stood. Fretwell v. State, 586 So.2d 483 (Fla. 5th DCA 1991). The 1988 Amendment (applicable to this case) provides:

Rule 3.701.d.7

Victim injury shall be…