OLYMPIAN WEST CONDOMINIUM ASSOCIATION, INC., APPELLANT,

v.

OLYMPIAN WEST, INC., EQUASION CONTRACTORS, INC., JUAN GUTIERREZ AND DONALD RAMSEY, APPELLEES

Citator

Cited By

• Bernie I. Parker v. State, 478 So. 2d 823 (Fla. 2d DCA 1985)
  …force or violence, but neither is necessarily a part of the proof of force or violence. Consequently, we adhere to our prior holding that victim injury points should not be scored under the guidelines for the crime of robbery. Accord Brown v. State, 474 So. 2d 346 (Fla. 1st DCA 1985). When victim injury is not an element of a crime at conviction, it may be used as a reason to depart from the guidelines. See Hendrix v. State, 474 So. 2d 346 (Fla.1985). Hence, victim injury may be used as a reason to depart fro…

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• Harrison v. State, 523 So. 2d 726 (Fla. 3d DCA 1988)
  …ed in the burglary offense — has already been the subject of Harrison’s conviction and imprisonment for second degree murder, a crime for which points are to be scored in the prior conviction category. See Peterson, 506 So. 2d at 96; Brown v. State, 474 So. 2d 346 (Fla. 1st DCA 1985). Double or triple dipping of this kind is not permitted under the guidelines scheme. See Hendrix v. State, 475 So. 2d 1218 (Fla.1985). The state finally argues that we should permit the trial court, if it deems appropriate after…
• Smith v. State, 484 So. 2d 649 (Fla. 4th DCA 1986)
  …s should not have been included in the scoresheet, because victim injury is not an element of the convicted offenses of robbery, armed robbery, or grand theft. Id. at 589; see also Parker v. State, 478 So. 2d 823 (Fla. 2d DCA 1985); Brown v. State, 474 So. 2d 346 (Fla. 1st DCA 1985). Appellant next argues that the trial court erroneously added forty-one points for his prior record when he should have only added twenty-three points. Appellant and the State stipulated to two prior third degree felony convicti…

Authorities Cited

• Cosmopolitan Distribs., Inc. v. Lehnert, 470 So. 2d 738 (Fla. 3d DCA 1985)