Worling v. State, 484 So. 2d 94 (Fla. 5th DCA 1986). · Go Syfert
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Worling v. State, 484 So. 2d 94 (Fla. 5th DCA 1986). Cases Citing This Book View Copy Cite
8 citation events (3 in the last 25 years) across 3 distinct courts.
Strongest positive: Seagrave v. State (fla, 2001-07-12)
Top citers, strongest first. 3 distinct citers.
discussed Cited as authority (rule) Seagrave v. State
Fla. · 2001 · confidence medium
Amendments to Florida Rules of Criminal Procedure re Sentencing Guidelines, 628 So.2d 1084, 1089 (Fla.1993). [14] See Mackey, 516 So.2d at 330-31 (holding that victim injury points were properly assessed for sexual contact for lewd and lascivious conduct under section 800.04, where defendant fondled a thirteen-year-old by touching the victim above the crotch); Beasley v. State, 503 So.2d 1347, 1349 (Fla. 5th DCA 1987) (holding that victim injury points were properly assessed for sexual contact for defendant sentenced to two counts of attempted sexual battery and one count of lewd and lasciviou…
cited Cited as authority (rule) United States v. Brijido Padilla-Reyes
11th Cir. · 2001 · confidence medium
Worling v. State, 484 So.2d 94, 94 (Fla.Dist.Ct.App.1986).
cited Cited as authority (rule) United States v. Brijido Padilla-Reyes
11th Cir. · 2001 · confidence medium
Worling v. State, 484 So.2d 94, 94 (Fla. Dist.
John Sessums WORLING, Appellant,
v.
STATE of Florida, Appellee.
85-950.
District Court of Appeal of Florida, Fifth District.
Mar 6, 1986.
484 So. 2d 94
Sharp.
Cited by 7 opinions  |  Published

James B. Gibson, Public Defender, and Brynn Newton, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and W. Brian Bayly, Asst. Atty. Gen., Daytona Beach, for appellee.

SHARP, Judge.

Worling appeals his sentence imposed for lewd and lascivious assault upon a child.[1] Worling argues the trial court erred in adding twenty points to his guidelines scoresheet for victim injury, thereby raising the recommended guidelines sentence to a higher bracket. We affirm.

In this case the information charged in two counts that:

John Sessums Worling ... did then and there unlawfully handle, fondle or make an assault in a lewd, lascivious or indecent manner upon a child, under the age of fourteen (14) years to wit: [the victim], age (9), years, without intent to commit involuntary sexual battery by TOUCHING OR FONDLING HER PUBIC AREA, contrary to section 800.04, Florida Statutes.

Section 800.04 is written in the disjunctive, to encompass acts involving victim contact as well as acts involving no victim contact. It provides:

Any person who shall handle, fondle or make an assault upon any child under the age of fourteen years in a lewd, lascivious or indecent manner, or who shall knowingly commit any lewd or lascivious act in the presence of such child, without the intent to commit sexual battery shall be guilty of a felony of the second degree. (Emphasis added).

Here the information charged only that portion of the statute dealing with victim contact.

In Moore v. State, 469 So.2d 947 (Fla. 5th DCA 1985), review granted, No. 67,281 (Fla. Jan. 24, 1986), we held in an identical case that it was proper to assess points for victim injury under these circumstances. We affirm on the basis of Moore.

AFFIRMED.

DAUKSCH and UPCHURCH, JJ., concur.

1 § 800.04, Fla. Stat. (1983).