Florida Man Fails to Reduce Prison Sentence in Lewd Battery Appeal
MANATEE COUNTY, Fla. – A Florida appeals court has affirmed the sentence of Evan M. Stump, a Manatee County man convicted of lewd or lascivious battery. Stump, who was sentenced to 22.5 years in prison, appealed his sentence, arguing that his sentencing scoresheet improperly included “victim injury points for penetration,” which increased his lowest permissible sentence.
The Second District Court of Appeal of Florida, however, ruled that his sentence was correct, as he had effectively stipulated to the facts of the case during his plea.
Background on the Case
Evan M. Stump was charged with three counts of lewd or lascivious battery of a child.
In 2025, Stump entered an open no-contest plea. His sentencing scoresheet totaled 388.5 points, which included 240 victim “injury points”—80 points for each of the three counts. The final tally resulted in a lowest permissible sentence of 270.375 months, or approximately 22.5 years, which the trial court imposed.
Later, Stump filed a motion to correct an illegal sentence, arguing that neither the information nor the factual basis for his plea alleged penetration, and therefore, the 160 points for penetration should not have been included on his scoresheet.
He claimed that if those points were removed, his lowest permissible sentence would be significantly lower, around 12.5 years.
Appeals Court Decision
In their ruling, the appeals court highlighted a crucial point from the original plea hearing. During the plea colloquy, Stump “stipulated to the factual basis … set forth in the probable cause affidavit.” This affidavit detailed multiple instances where Stump had penetrated the victim.
The trial court had previously confirmed that there was a factual basis for the plea based on the affidavit. The appeals court noted that neither Stump nor his counsel objected to the inclusion of the victim injury points at the time of sentencing.
The court’s opinion cited prior cases, stating that victim injury points for penetration can be assessed when a defendant pleads to a charge and “stipulates that penetration occurred or agrees to inclusion of the points.” Since Stump had, by his actions, agreed to the facts laid out in the probable cause affidavit, his sentences were deemed proper.
The court ultimately affirmed the lower court’s decision, denying Stump’s motion to correct his sentence.
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