Howard v. State

Randall Howard challenges the order of the trial court denying his motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm, without discussion, the trial court’s denial of four of the five claims raised in Howard’s motion, but remand for further proceedings on his claim that the trial court improperly sentenced him based on the inclusion of victim injury points on the sentencing guidelines scoresheet where there was no evidence of actual physical injury.

Howard was convicted after jury trial of two counts of handling or fondling a child in lewd…