JAMES JACKSON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The trial court erred in assessing points for victim injury when it was not an element of the offense.
James Jackson was convicted of battery on a law enforcement officer. The trial court assessed points for victim injury during sentencing.…
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PER CURIAM.
James Jackson appeals the sentence imposed by the trial court upon his conviction for battery on a law enforcement officer. He correctly contends that the trial court erred in assessing points for victim injury.1 Because victim 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. 3.701(d)7 provides that victim injury shall be scored for each victim physically injured during commission of the offense. See Fla.R,Crim.P. Re: Sentencing Guidelines, 509 So. 2d 1088 (Fla.1987). Rule 3.701(d)7, in effect in August 1986, the date of the offense, prohibited an assessment of victim injury points unless victim injury was an element of the convicted offense. This latter version is applicable here. Rubier v. State, 530 So. 2d 523 (Fla.1988).
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Muckerman v. Burris, 553 So. 2d 1300 (Fla. 3d DCA 1989)…the motion and dismissed the complaint. With the court’s permission, Muck-erman filed several amended complaints. Eventually, the trial court dismissed the fourth amended complaint with prejudice. This court affirmed the dismissal. Poyer v. Burris, 533 So. 2d 888 (Fla. 3d DCA 1988). When Burris sought attorney’s fees pursuant to section 57.105, Florida Statutes (1987), the trial court awarded separate fees against Muckerman and Poyer. [*1301] Muckerman filed this appeal.1 Section 57.105, Florida Statutes (1…1 / 2
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Authorities Cited
- FLA. RULES OF CRIM. PROCEDURE RE SENTENCING GUIDELINES (RULES 3.701 & 3.988), 509 So. 2d 1088 (Fla. 1987)
- Larkins v. State, 476 So. 2d 1383 (Fla. 1st DCA 1985)
- Northcut v. State, 493 So. 2d 85 (Fla. 4th DCA 1986)
- Teehan v. State, 488 So. 2d 132 (Fla. 3d DCA 1986)
- State v. Vonn L. Porrey, 530 So. 2d 523 (Fla. 2d DCA 1988)