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DAVID J. BROOKS, Appellant, v. STATE OF FLORIDA, Appellee

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT January Term 2011 DAVID J. BROOKS, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D09-3756 [February 23, 2011] POLEN, J. The pro se appellant challenges the assessment of victim injury points for sexual contact. We affirm. In February of 2005, appellant pleaded no contest to attempted sexual battery on a child under age twelve by a perpetrator eighteen years of age or older, and to lewd or lascivious molestation (offender over eighteen, victim under twelve). Appellant agreed to the State?s factual basis for the plea, which follows: [B]etween the dates of September 1, 1998, and September 30, 1999, in St. Lucie County, Florida, the defendant did actually commit oral sex upon the victim in this case, his biological daughter, who was under the age of 12 and that she performed oral sex upon him during that timeframe...continue to full post

Full post as published by Florida Criminal Law Opinions on February 23, 2011 (boomark / email).