Saldana v. State

PETERSON, Judge.

Esteban Saldana entered a plea of nolo contendere to three counts of performing a lewd and lascivious act upon a child under 12 and one count of attempted sexual battery upon a child under 12. Although he never raised a sentencing error in the lower tribunal, he asserts that he may raise for the first time on appeal that 40 victim injury points for sexual penetration were added to his scoresheet instead of the correct number of 18 points for sexual contact.

Subsections 924.051(3) & (4), Florida Statutes (1996 Supp.) and amended Florida Rule of Criminal Procedure 3.800(b)…