Supreme Court of Florida

In defendant's challenge to forty victim injury points included for sexual contact on his Criminal Punishment Code (CPC) scoresheet, the Fist District Court of Appeal's ruling that the issue was not preserved is quashed and remanded as a claim of scoresheet error pertaining to victim injury points that are included on the scoresheet filed in the initial sentencing proceeding in which the defendant is placed on probation may be raised for the first time in a rule 3.800(b)(2) motion during the appeal from revocation of probation, and the issue is thereby preserved for appellate review.

Appellate Information

• Decided 11/10/2010
• Published 11/10/2010

Judges

• LABARGA

Court

• Supreme Court of Florida

Counsel

• For Appellant:
  
• Nancy A. Daniels, Bill McCollum