Clawson v. State

PATTERSON, Acting Chief Judge.

Clawson appeals from his judgment and sentences for engaging in sexual activity with a child over twelve but less than eighteen and for handling and fondling a child under sixteen. We affirm Clawson’s convictions; however, we agree with his argument that his scoresheet incorrectly includes eighty, rather than forty, points for victim injury. Therefore, we remand for resentencing.

In Karchesky v. State, 591 So.2d 930 (Fla.1992), the supreme court held that victim injury points for penetration in sexual offenses could not be scored absent a showing of additional…