CHARLES EDWARD BURNARD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Appellant's conviction for sexual battery with a deadly weapon and kidnapping was affirmed, but his sentence was reversed because the trial court improperly scored victim injury twice on the sentencing guidelines scoresheet for two offenses against the same victim during the same episode.
A trial court may not score victim injury more than once on the sentencing guidelines scoresheet when multiple offenses are committed against the same victim during the same episode.
[1] Victim injury points on sentencing guidelines scoresheet may not be scored more than once when multiple offenses are committed against the same victim during the same epi…
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Join FLexlaw to unlock all legal intelligenceAppellant was convicted by jury of two counts of sexual battery with a deadly weapon and kidnapping against the same victim during the same episode. T…
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PER CURIAM.
After a jury trial, appellant was found guilty of two counts of sexual battery with a deadly weapon and kidnapping. Appellant asserts, on this direct appeal, that the trial court erred by scoring victim injury twice on the sentencing guidelines score-sheet.
The. category 2 scoresheet provides, under “Victim Injury,” 40 points for “penetration or slight injury.” The trial court scored 80 points — 40 points for each of the two sexual battery offenses. Those two offenses were committed against the same victim during the same episode. As explicated in Weekley v. State, 553 So. 2d 239 (Fla. 3rd DCA 1989), it is improper to score more than one victim injury under such circumstances. We therefore reverse the sentence and remand for correction of the scoresheet and for resentencing. It will be proper for the trial judge, upon resentencing, to consider whether a departure from the guidelines range is appropriate. Roberts v. State, 547 So. 2d 129, 131 (Fla.1989).
We have examined the remaining issue, wherein the appellant asserts reversible error in the trial court’s denial of appellant’s motion for continuance, and find the same to be without merit.
AFFIRMED in part and reversed in part and remanded for proceedings consistent with this opinion.
SMITH, NIMMONS and ZEHMER, JJ, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Doyal Powell Roberts v. State, 547 So. 2d 129 (Fla. 1989)
- Weekley v. State, 553 So. 2d 239 (Fla. 3d DCA 1989)