HIRAM BEAMON v. STATE OF FLORIDA

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IN THE DISTRICT APPEAL FIRST DISTRICT, FLORIDA COURT OF STATE OF HIRAM BEAMON, Appellant, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED v. STATE OF FLORIDA, CASE NO. 1D02-1792 Appellee. _____________________________/ Opinion filed August 14, 2003. An appeal from Circuit Court for Gadsden County . Terry P. Lewis, Judge. Nancy A. Daniels, Public Defender, and Joel Arnold, Assistant Public Defender, Tallahassee, for Appellant. Charlie Crist, Attorney General, and Alan R. Dakan, Assistant Attorney General, Tallahassee, for Appellee. PER CURIAM. The trial court in this criminal case imposed victim injury points for sexual contact after the jury returned a verdict of guilty of attempted lewd or lascivious battery. As the appellant argues and the state acknowledges, these victim injury points should not have been scored. See Grant v. State, 783 So. 2d 1120 (Fla. 1st DCA 2001). Accordingly, the appellant s sentence is vacated and this case is remanded for resentencing under a corrected scoresheet. ERVIN, BARFIELD and ALLEN, JJ., CONCUR. 2

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