Leveille v. State

Appellant appeals his convictions of two counts of child abuse and three counts of committing unnatural and lascivious acts. He claims that the court erred in assessing 120 sexual contact points on his criminal punishment scoresheet, because he was acquitted of the greater charge involving sexual contact. We agree and reverse.

Robert Leveille was charged with multiple counts of child abuse and lewd or lascivious battery for contact with a thirteen-year-old child. In particular, counts I, III, VI, and VII charged Leveille with lewd or lascivious battery under section 800.04, Florida Statutes.…