Weckerle v. State, 93-1647
| Decision Date | 10 November 1993 |
| Docket Number | No. 93-1647,93-1647 |
| Citation | 626 So.2d 1038 |
| Parties | 18 Fla. L. Weekly D2391 David WECKERLE, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Juan F. Torres, III of Blake & Torres, P.A., Fort Pierce, Richard L. Jorandby, Public Defender, and Cherry Grant, Asst. Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and John Tiedemann, Asst. Atty. Gen., West Palm Beach, for appellee.
We reverse Appellant's 1988 sentence for multiple counts of lewd and lascivious acts against a child and remand for resentencing. Boland v. State, 613 So.2d 72 (Fla. 4th DCA), rev. denied, 624 So.2d 268 (Fla.1993); Arreola v. State, 620 So.2d 1289 (Fla. 4th DCA 1993).
The sentencing scoresheet included points for victim injury. The supreme court subsequently decided Karchesky v. State, 591 So.2d 930 (Fla.1992), holding that points for victim injury could not validly be scored for a touching alone.
Although no objection was raised at sentencing, under these circumstances that fact is not a bar to Appellant's seeking post-judgment relief. Singleton v. State, 620 So.2d 1038 (Fla. 2d DCA 1993). We note that the subsequent amendment of section 921.001, Florida Statutes, to permit victim injury scoring for contact without trauma in a sex offense may not be applied retroactively. See Boland v. State; Singleton v. State. Upon resentencing, the trial court is not precluded from departing from the guidelines if grounds exist.
To continue reading
Request your trial
-
Perry v. State, 94-504
...(Fla. 2d DCA 1994), rev. denied, 649 So.2d 235 (Fla.1994); Mitchell v. State, 635 So.2d 1073 (Fla. 1st DCA 1994); Weckerle v. State, 626 So.2d 1038 (Fla. 4th DCA 1993); Harrelson v. State, 616 So.2d 128 (Fla. 2d DCA 1993), rev. denied, 624 So.2d 268 (Fla.1993); Morales v. State, 613 So.2d 9......
-
Fulkroad v. State, 93-00641
...injury. 1 The amendment cannot be retrospectively applied. See Mitchell v. State, 635 So.2d 1073 (Fla. 1st DCA 1994); Weckerle v. State, 626 So.2d 1038 (Fla. 4th DCA 1993); Kleshinski v. State, 620 So.2d 1303 (Fla. 2d DCA 1993); Harrelson v. State, 616 So.2d 128 (Fla. 2d DCA), rev. den., 62......
-
Mitchell v. State, 92-4098
...1993); Kleshinski v. State, 620 So.2d 1303 (Fla. 2d DCA 1993); Reynolds v. State, 622 So.2d 1139 (Fla. 5th DCA 1993); Weckerle v. State, 626 So.2d 1038 (Fla. 4th DCA 1993). We agree and find that, under the circumstances of this case, victim injury points were incorrectly scored at Mitchell......
-
Smith v. Singletary
...without trauma in a sexual offense; however, the amendment may not be applied retroactively to permit such scoring. Weckerle v. State, 626 So.2d 1038 (Fla. 4th DCA 1993). The applicable rule is the one in existence at the time of the offense, not at the time of sentencing or appeal. Singlet......