Original Verdict Did Not Make a Specific Finding of Penetration in Sexual Battery Case. Rule 3.850 Motion Filed, State Concedes Error and Sentence is Slashed

The client was charged with three counts of sexual battery in violation of Florida Statute 794.011(5). The client pled not guilty.  The case proceeded to trial.  The client was found guilty of count one, not guilty of count two and guilty of battery, a lesser-included offense in count three. Notably, the jury verdict did not contain a special interrogatory on count one to indicate whether penetration occurred.   Nevertheless, a scoresheet was prepared and the client scored out to a lowest permissible sentence of 94.65 months. The judge imposed a sentence of 120-months followed by 5-years of probation.

The client’s family retained The Law Office of Robert Malove.  We obtained the client’s trial and appellate attorney files, as well as a copy of the State Attorney file. After reviewing all of the information we filed a Rule 3.850 motion in which we argued that the assessment of victim injury points was improper because the jury did not make a specific finding of penetration. The trial court ordered the State to file a response. The State filed a response and conceded error as to ground three of the client’s Rule 3.850 motion.

Based upon the concession of error the State agreed that the Client should be resentenced based upon our argument.  When the erroneously included victim injury points were removed from our client’s scoresheet, he only scored to 64.5 months in prison. The client was re-sentenced to 64.5 months and his sentence was cut almost in half! The client’s sentence was reduced by almost 5-years!

Our Post-Conviction Attorneys in Florida Will Never Overlook Scoresheet Errors

Needless to say, the client and his family were extremely happy with this outcome. Scoresheet errors like this one are often overlooked by Assistant State Attorneys, Public Defenders, and even private counsel. However, they are never overlooked by The Law Office of Robert David Malove.

If you or someone you know is serving a sentence in Florida that you believe is unjust, our criminal defense attorneys are always here to help. To schedule a consultation with an experienced member of our team, inquire online or call (954) 245-0646 today!