RODNEY JAMES HENDRY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that points for victim injury should not be assessed on the sentencing guidelines scoresheet because victim injury is not an element of the offenses of armed robbery, robbery, or grand theft.
Appellant pleaded guilty to armed robbery and robbery/grand theft and received concurrent prison terms. The sentencing guidelines scoresheet incorrect…
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OTT, Acting Chief Judge.
Appellant, pursuant to a negotiated plea, received concurrent terms of five years imprisonment in each of two cases, one for armed robbery and the other for robbery and grand theft. Because the sentencing guidelines scoresheet incorrectly .included fourteen points for victim injury, we reverse.
Under the factual basis supporting the plea, it was specified that considerable injury, both physical and mental, was inflicted on the victim by either appellant or his partner or both.
This court has recently held that points for victim injury should not be assessed because victim injury does not constitute an element of the offense of armed robbery. See Toney v. State, 456 So. 2d 559 (Fla. 2d DCA 1984).
Accordingly, victim injury points should not have been included in the score-sheet, because victim injury is not an element of the convicted offenses of robbery, armed robbery, or grand theft.
We reverse appellant’s sentence and remand for resentencing. We further note that while points for victim injury may not be included on the guidelines scoresheet, physical or mental abuse of the victim may be cited as reason for departure from the guidelines. Green v. State, 455 So. 2d 586 (Fla. 2d DCA 1984).
DANAHY and SCHOONOVER, JJ., concur.
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Citator
Cited By (18 total)
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Hansbrough v. State, 509 So. 2d 1081 (Fla. 1987)…; Wright v. State, 487 So. 2d 1176 (Fla. 1st DCA 1986). Hansbrough’s argument that points should not have been scored for victim injury because victim injury is not an element of armed robbery is a correct statement of current law. Hendry v. State, 460 So. 2d 589 (Fla. 2d DCA 1984). The trial court, therefore, should not have scored points for victim injury. Without the twenty-one points for victim injury the recommended range would be three and one-half to four and one-half years rather than the four and on…
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Bernie I. Parker v. State, 478 So. 2d 823 (Fla. 2d DCA 1985)…s this court to recede from its position that victim injury points cannot be scored under Florida Rule of Criminal Procedure 3.701(d)(7) for the crime of robbery. We have so held in Toney v. State, 456 So. 2d 559 (Fla. 2d DCA 1984), Hendry v. State, 460 So. 2d 589 (Fla. 2d DCA 1984), and now in the instant case. We decided to consider this question en banc. See Fla.R.App.P. 9.331(c)(1). The robbery statute, section 812.-13(1), provides: “Robbery” means the taking of money or other property which may be th…
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Ritts v. State, 491 So. 2d 1252 (Fla. 2d DCA 1986)…emand for resentencing. This court has held that the crime of robbery, defined in section 812.13, Florida Statutes (1985), does not include victim injury as an essential element. Parker v. State, 478 So. 2d 823 (Fla. 2d DCA 1985); Hendry v. State, 460 So. 2d 589 (Fla. 2d DCA 1984). Therefore, it was error to include twenty-one victim injury points on appellant’s scoresheet. See Fla.R.Crim.P. 3.701(d)(7). This error was not harmless since it produced a higher presumptive range. We remand so the trial court m…
Previewing 3 of 18 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Green v. State, 455 So. 2d 586 (Fla. 2d DCA 1984)
- Toney v. State, 456 So. 2d 559 (Fla. 2d DCA 1984)