ANTHONY HENDSBEE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court improperly departed from sentencing guidelines for one count based on invalid reasons. The convictions and sentences for two counts are affirmed.
Appellant was convicted of aggravated battery and two counts of aggravated assault. The trial court departed from sentencing guidelines for one count …
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RYDER, Judge.
We hold that appellant was properly convicted of one count of aggravated battery and two counts of aggravated assault.
We affirm his sentences for Counts II and III and reverse his sentence for Count I. The trial court’s reasons for departure from the sentencing guidelines on Count I were invalid. The four reasons for departure and an analysis of their invalidity follows:
Probation violation.
An appellant’s probation violation may not be used to depart from the sentencing guidelines. Probation is already taken into account in the sentencing guidelines scoresheet. Riddle v. State, 488 So. 2d 903 (Fla. 5th DCA 1986).
Victim injury.
An element of aggravated battery, victim injury, is scored on the scoresheet. Victim injury may not be figured into the scoresheet and also used to depart from the sentencing guidelines. Scurry v. State, 489 So. 2d 25 (Fla.1986); Hendrix v. State, 475 So. 2d 1218 (Fla.1985).
Disregard for the criminal justice system.
An appellant’s disregard for the criminal justice system may not be used to depart from the sentencing guidelines. Scott v. State, 488 So. 2d 146 (Fla. 3d DCA 1986).
Factors relating to a different offense.
The trial court may not use factors related to an offense for which conviction was not obtained to depart from the sentencing guidelines. Dawkins v. State, 487 So. 2d 63 (Fla. 2d DCA 1986).
We affirm appellant’s convictions and sentences for Counts II and III. We reverse appellant’s sentence for Count I and remand for resentencing within the guidelines presumptive sentencing range.
Affirmed in part; reversed in part and remanded for resentencing.
SCHEB, A.C.J., and SCHOONOVER, JJ., concur.
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Martinez v. State, 692 So. 2d 199 (Fla. 3d DCA 1997)…s error to include forty-eight points on the scoresheet for victim injury; the primary offense had already been enhanced because injury or death is an element of the offense. Byrd v. State, 531 So. 2d 1004 (Fla. 5th DCA 1988); see Hendsbee v. State, 497 So. 2d 718 (Fla. 2d DCA 1986); Benedict v. State, 475 So. 2d 1000 (Fla. 5th DCA 1985). 683 So. 2d at 516.2 To begin with, the Thornton decision analyzes the pre-1994 version of the guidelines. The question of how to score victim injury depends on the wording…1 / 2
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Brown v. State, 569 So. 2d 1223 (Fla. 1990)…PER CURIAM. We have for review Brown v. State, 535 So. 2d 671 (Fla. 1st DCA 1988), based on express and direct conflict with Hendsbee v. State, 497 So. 2d 718 (Fla. 2d DCA 1986), and Lee v. State, 486 So. 2d 709 (Fla. 5th DCA 1986). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. Brown was convicted in 1983 of two counts of armed robbery and one count each of kidnapping and battery on a law enforcem…
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Major Thornton v. State, 683 So. 2d 515 (Fla. 2d DCA 1996)…s error to include forty-eight points on the scoresheet for victim injury; the primary offense had already been enhanced because injury or death is an element of the offense. Byrd v. State, 531 So. 2d 1004 (Fla. 5th DCA 1988); See Hendsbee v. State, 497 So. 2d 718 (Fla. 2d DCA 1986); Benedict v. State, 475 So. 2d 1000 (Fla. 5th DCA 1985). However, the court found the error to be harmless. The trial court is mistaken. When Thornton’s score is reduced by forty-eight points, the corrected scoresheet places him…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Hendrix v. State, 475 So. 2d 1218 (Fla. 1985)
- Scurry v. State, 489 So. 2d 25 (Fla. 1986)
- Dawkins v. State, 487 So. 2d 63 (Fla. 2d DCA 1986)
- Riddle v. State, 488 So. 2d 903 (Fla. 5th DCA 1986)
- Scott v. State, 488 So. 2d 146 (Fla. 3d DCA 1986)