WILLIE BEE DANIELS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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FRANK, Judge.
The appellant, Willie Bee Daniels, urges on appeal that his guidelines scoresheet erroneously includes points for victim inju ry. He is correct. At the time he committed the offense of robbery without a weapon, victim injury was only scored when it was an element of the offense committed.* Victim injury is not an element of robbery without a weapon; therefore, it was incorrectly included in the scoresheet computations. Hendry v. State, 460 So. 2d 589 (Fla. 2d DCA 1984).
This matter is remanded for the preparation of a correct scoresheet. Daniels should be resentenced within the applicable guidelines range.
SCHOONOVER, A.C.J., and LEHAN, J., concur. *
A 1987 amendment to the guidelines provides that victim injury is to be scored for each victim injured during a criminal transaction or episode. See, Florida Rules of Criminal Procedure Re Sentencing Guidelines (Rules 3.701 and 3.988), 509 So. 2d 1088 (Fla.1987).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Fennell v. State, 544 So. 2d 1017 (Fla. 1989)…’s scoresheet if it is a statutory element of the convicted offense. See Hamlin v. State, 528 So. 2d 1329 (Fla. 5th DCA 1988); Russell v. State, 528 So. 2d 522 (Fla. 2d DCA 1988); Baker v. State, 526 So. 2d 202 (Fla. 4th DCA 1988); Daniels v. State, 524 So. 2d 1117 (Fla. 2d DCA 1988); Smith v. State, 501 So. 2d 139 (Fla. 2d DCA 1987). Since victim injury is not an element of either attempted second-degree murder or armed trespass, we hold that points for victim injury could not be included in computing Fennel…
Authorities Cited
- FLA. RULES OF CRIM. PROCEDURE RE SENTENCING GUIDELINES (RULES 3.701 & 3.988), 509 So. 2d 1088 (Fla. 1987)
- Hendry v. State, 460 So. 2d 589 (Fla. 2d DCA 1984)