LAWRENCE TEEHAN, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
The appellant was convicted of battery on a law enforcement officer. The trial judge increased the points under the guidelines and aggravated the sentence of the appellant to five years and thereby departed from the guidelines. His reasons for departure were punishment and deterrence.
We reverse and remand for resentencing. It was error to score additional points for victim injury when there was no evidence of same and it was not an essential element of the crime. Holloman v. State, 482 So. 2d 431 (Fla. 5th DCA 1985); Inscore v. State, 480 So. 2d 218, 219 (Fla. 5th DCA 1985); Whitfield v. State, 471 So. 2d 633 (Fla. 1st DCA 1985). It was also error to aggravate the sentence for the reasons pronounced. Albritton v. State, 476 So. 2d 158 (Fla.1985); Cawthon v. State, 486 So. 2d 90 (Fla. 5th DCA 1986); Patty v. State, 486 So. 2d 16 (Fla. 1st DCA 1986); Battles v. State, 482 So. 2d 540 (Fla. 3d DCA 1986).
Therefore the sentence under review is reversed and the matter is returned to the trial court for resentencing.
Reversed and remanded with directions.
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Citator
Cited By
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Alexander v. State, 513 So. 2d 1117 (Fla. 2d DCA 1987)…nes do not allow sufficient time for rehabilitation nor provide sufficient protection for the public. This is an invalid reason. The guidelines sentence is sufficient punishment and deterrence unless there are unusual circumstances. Teehan v. State, 488 So. 2d 132 (Fla. 3d DCA 1986). Finding that none of the reasons given for departure are valid, we vacate the sen [*1119] tence and remand for resentencing within the guidelines. Reversed and remanded. SCHEB, A.C.J., and RYDER, J., concur.…
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Jackson v. State, 533 So. 2d 888 (Fla. 3d DCA 1988)…tim injury is not an element of the offense, the trial court should not have assessed points for victim injury.2 We therefore vacate the sentence and remand for resentencing. See Northcut v. State, 493 So. 2d 85 (Fla. 4th DCA 1986); Teehan v. State, 488 So. 2d 132 (Fla. 3d DCA 1986); see also Larkins v. State, 476 So. 2d 1383 (Fla. 1st DCA 1985). VACATED AND REMANDED. . He does not contest points assessed for victim injury for the aggravated battery conviction. . The current version of Fla.R.Crim P.…
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Lambert v. State, 504 So. 2d 19 (Fla. 2d DCA 1987)…rly controlling in the instant case. Vanover v. State, 498 So. 2d 899 (Fla.1986); Hendrix v. State, 475 So. 2d 1218 (Fla.1985); Massard v. State, 501 So. 2d 1289 (Fla. 4th DCA 1986); Reid v. State, 488 So. 2d 913 (Fla. 2d DCA 1986); Teehan v. State, 488 So. 2d 132 (Fla. 3d DCA 1986); and Tompkins v. State, 483 So. 2d 115 (Fla. 2d DCA 1985). Reversed and remanded for resentenc-ing. SCHEB, A.C.J., and HALL, J., concur.…
Authorities Cited
- City OF Atl. Beach v. Bull, 476 So. 2d 158 (Fla. 1985)
- Albritton v. State, 476 So. 2d 158 (Fla. 1985)
- Whitfield v. State, 471 So. 2d 633 (Fla. 1st DCA 1985)
- Patty v. State, 486 So. 2d 16 (Fla. 1st DCA 1986)
- Battles v. State, 482 So. 2d 540 (Fla. 3d DCA 1986)
- Inscore v. State, 480 So. 2d 218 (Fla. 4th DCA 1985)
- Holloman v. State, 482 So. 2d 431 (Fla. 5th DCA 1985)
- Cawthon v. State, 486 So. 2d 90 (Fla. 5th DCA 1986)