JOHN C. HARRIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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DAUKSCH, Judge.
This is an appeal from a sentence in a murder case. The issue raised by appellant is in regard to an assessment of points for victim injury. Florida Rule of Criminal Procedure 3.701(d)(7) says victim injury shall be scored if it is an element of the crime at conviction. Injury is an element of murder, appellant concedes, but it should not be scored against him, he says, because he did not actually inflict the injury. Appellant was not the trigger-man; he was only vicariously liable because his partner in their crime killed the victim. We affirm the sentence. The felony murder rule, along with the “principals” statute, is meant to make all participants equally accountable for their criminal acts. Section 782.04(4), Florida Statutes, (1985) proscribes the murder to which appellant pleaded nolo contendere. Section 777.011, Florida Statutes, (1985) says anyone who aids and abets, etc., in the commission of a crime is to be punished as if he did the killing. The action of the trial court is based upon sound reasoning and is thus affirmed.
AFFIRMED.
COWART, J., and BEVERLY, V.Q., Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Burns v. State, 584 So. 2d 1073 (Fla. 4th DCA 1991)…e an element of the crime for which the defendant is convicted, but is limited to physical trauma. However, if the victim injury is the result of a crime for which the defendant has been acquitted, it shall not be scored, [e.s.] In Harris v. State, 513 So. 2d 169 (Fla. 5th DCA 1987), the court approved the assessment of victim injury points against a defendant whose co-defendant actually caused the injury. The court observed that section 777.011, Florida Statutes (1989), explicitly allows vicarious attributi…
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Johnson v. State, 583 So. 2d 386 (Fla. 1st DCA 1991)…(Fla. 2d DCA), rev. denied, 525 So. 2d 877 (Fla.1988) (victim injury points properly scored where defendant was not the actual perpetrator of the sexual batteries, but aided and abetted his codefendant’s commission of the offenses); Harris v. State, 513 So. 2d 169 (Fla. 5th DCA 1987) (points for victim injury were properly assessed when the defendant was convicted of felony murder, even though the evidence established that he was not the trigger man). Morgan v. State, 534 So. 2d 1239 (Fla. 5th DCA 1988), upon…
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Clifford v. State, 518 So. 2d 983 (Fla. 2d DCA 1988)…d his codefend-ant’s commission of these offenses. See § 777.011. According to section 777.011, therefore, Clifford could be charged, convicted, and punished as though he had perpetrated the sexual batteries himself. Furthermore, in Harris v. State, 513 So. 2d 169 (Fla. 5th DCA 1987), a case decided after Clifford was sentenced sub judice, our sister court held that victim injury was properly scored in a murder case when the defendant was not the person who shot the victim. The Harris court stated that the pr…
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