KITTS v. STATE

PER CURIAM.

We grant appellant's motion for certification en banc, and certify the following question to be one of great public importance:

IN A CASE WHERE A DEFENDANT IS CONVICTED OF A VIOLATION OF SECTION 800.04(1), FLA. STAT. BASED ON EVIDENCE THAT HE KISSED AND FONDLED A CHILD'S BREASTS, ARE VICTIM INJURY POINTS ASSESSABLE UNDER THE GUIDELINES PURSUANT TO SECTION 921.0011(7)(B)2 FOR "SEXUAL CONTACT THAT DOES NOT INCLUDE SEXUAL PENETRATION?"

THOMPSON, CJ., COBB, SHARP, W., HARRIS, GRIFFIN, PETERSON, SAWAYA and PLEUS, JJ., concur.

DAUKSCH, J., recused.