VERA V. STATE
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IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM A.D., 2004 ** JORGE RAYMOND VERA ** Appellant, ** CASE NO. 3D04-864 vs. ** THE STATE OF FLORIDA ** Appellee. LOWER TRIBUNAL NO. 96-17899 ** Opinion filed October 20, 2004. An Appeal from the Circuit Court for Miami-Dade County, David C. Miller, Judge. Bennett H. Brummer, Public Defender and Howard K. Blumberg, Assistant Public Defender, for appellant. Charles J. Crist, Jr., Attorney General and Paulette R. Taylor, Assistant Attorney General, for appellee. Before SCHWARTZ, C.J., and LEVY and SHEPHERD, JJ. CONFESSION OF ERROR PER CURIAM. The probation defendant on the below was basis of sentenced a upon guidelines a score revocation sheet of which included forty victim injury points for sexual penetration. As the state however, candidly, those underlying commendably, points crimes, were including and correctly erroneously burglary added with an concedes, because the assault by choking the victim, were not sexual offenses for which victim injury points 3.702(d)(5). could properly be assessed. Fla.R.Crim.P. See Brown v. State, 700 So. 2d 447 (Fla. 3d DCA 1997), quashed on other grounds, 719 So. 2d 882 (Fla. 1998); Geary v. State, 675 So. 2d 625 (Fla. 2d DCA 1996), review denied, 680 So. 2d 422 (Fla. 1996); Jackson v. State, 680 So. 2d 1102 (Fla. 5th DCA 1996). Accordingly, the appellant s sentence is vacated and the cause remanded for resentencing upon an appropriate guidelines score sheet. 2
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