THOMAS SEVERE RAMSEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that victim injury points on a sentencing scoresheet should be scored only once per criminal episode, not for each count.
Appellant was convicted of multiple offenses against a child occurring on two separate occasions. The trial court scored victim injury points for each…
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DANAHY, Judge.
The appellant challenges his convictions and sentences on two counts of engaging a child in sexual activity, two counts of lewd act in the presence of a child, and three counts of lewd assault on a child. The appellant claims that there were trial errors and incorrect scoring for victim injury on the appellant’s sentencing guidelines scoresheet.
We reject the appellant’s claim of trial errors and affirm his convictions. However, we agree with the appellant that victim injury was incorrectly scored on the scoresheet. A total of 140 points for victim injury was scored by scoring victim injury as to each count of sexual activity and each count of lewd assault. Each count of lewd assault was scored at 20 points and each count of sexual activity was scored at 40 points, for a total of 140 points.
The calculation of the appellant’s score-sheet is governed by Florida Rule of Criminal Procedure 3.701(d)(7) which provides that “victim injury shall be scored for each victim physically injured during a criminal episode or transaction.” Applying the rule, this court held in Stermer v. State, 567 So. 2d 13 (Fla. 2d DCA 1990), that it is error to score points for victim injury for each count. Rather, this court said that victim injury may be scored only once according to its cumulative severity.
Unlike Stermer, the offenses in this case occurred on two separate occasions, one in October of 1987 and the other around Christmas of 1987. Accordingly, victim injury on the appellant’s scoresheet shall be scored as to each episode according to its cumulative severity.
We reverse the appellant’s sentences and remand for resentencing based on a corrected sentencing guidelines scoresheet reflecting a recalculation of points for victim injury in accordance with this opinion.
Convictions affirmed; sentences reversed and case remanded for resentencing.
SCHEB, A.C.J., and THREADGILL, J., concur.
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Hallberg v. State, 621 So. 2d 693 (Fla. 2d DCA 1993)…eging fondling the breasts and vagina of S.S., they also were properly considered. S.S. testified she was handled or fondled on at least six different occasions over the period of time the offenses were alleged to have occurred. See Ramsey v. State, 573 So. 2d 1053 (Fla. 2d DCA 1991). However, while there were five counts covering five different episodes available to be considered for the purpose of assessing victim injury points, it appears that under Karchesky and Morris, it was improper to score victim inju…
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Fretwell v. State, 586 So. 2d 483 (Fla. 5th DCA 1991)…DCA 1991); Williams v. State, 565 So. 2d 838 (Fla. 1st DCA 1990); Weekley v. State, 553 So. 2d 239 (Fla. 3d DCA 1989). See also Brown v. State, 581 So. 2d 242 (Fla. 5th DCA 1991); Gordon v. State, 575 So. 2d 736 (Fla. 4th DCA 1991); Ramsey v. State, 573 So. 2d 1053 (Fla. 2d DCA 1991). Under this construction of the rule, the 40 point block for victim injury on the defendant’s guidelines scoresheet was properly multiplied by three, for each of the three criminal episodes. See Charles v. State, 584 So. 2d 227 (…
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Charles v. State, 584 So. 2d 227 (Fla. 5th DCA 1991)…e four offenses comprised a single transaction, and we hold that, under the circumstances of this case, each act was an episode or transaction in itself and that victim injury points were properly assessed for each episode. See also Ramsey v. State, 573 So. 2d 1053 (Fla. 2d DCA 1991) (Victim injury should be scored twice for offenses against one victim occurring in October 1987 and December 1987.) We hold that rule 3.701(d)(7) prescribes scoring multiple victim injuries on a single scoresheet when a defendan…
Authorities Cited
- Stermer v. State, 567 So. 2d 13 (Fla. 2d DCA 1990)