EDDIE LEE HINES, SR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed the convictions and sentences but remanded for correction of the scoresheet regarding victim injury points.
Appellant was convicted of multiple counts of sexual battery, false imprisonment, and aggravated battery. The trial judge departed from the recommende…
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PER CURIAM.
Appellant challenges his convictions and sentences for multiple counts of sexual battery, false imprisonment and aggravated battery. The trial judge departed from the recommended guidelines sentence on the basis of “extreme brutality on the part of defendant resulting in severe permanent physical and mental injury to victim.” Since the injuries sustained far exceeded that required to commit the charged crimes, the facts here justify departure based on the reason stated. The amount of force used is a proper consideration. Jefferson v. State, 489 So. 2d 860 (Fla. 1st DCA 1986).
We find no error in either appellant’s convictions or his sentences. The scoresheet, however, improperly assessed victim injury for six separate convictions for sexual battery. Victim injury may not be scored for each count but can be scored only once according to its cumulative severity. Stermer v. State, 567 So. 2d 13 (Fla. 2d DCA 1990). Even so, we find beyond a reasonable doubt that the trial judge would have imposed the same departure sentence notwithstanding the scoresheet error. Brown v. State, 508 So. 2d 522 (Fla. 2d DCA 1987).
We affirm appellant’s convictions and sentences. We do remand to the trial court, however, for correction of the score-sheet to score victim injury only once according to its cumulative severity.
SCHOONOVER, C.J., and CAMPBELL and PARKER, JJ., concur.
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State v. MacKey, 719 So. 2d 284 (Fla. 1998)…PER CURIAM. We have for review the decision in Mackey v. State, 703 So. 2d 1183 (Fla. 3d DCA 1997), which certified conflict with Hines v. State, 587 So. 2d 620 (Fla. 2d DCA 1991). We have jurisdiction. See art. V., § 3(b)(4), Fla. Const. Mackey was convicted of the first-degree murder and aggravated child abuse of his girlfriend,’s two-year-old daughter. The trial court imposed a life sentence for the mur…
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State v. Gwenda Jean Lemon, 825 So. 2d 927 (Fla. 2002)…decision is directly in conflict with Hope and the district court decisions following Hope. This case presents the same issue involved in Hope, Fleming, and DeMonia. Accordingly, I would follow the holdings in those cases. . In Hines v. State, 587 So. 2d 620 (Fla. 2d DCA 1991), the Second District applied our traditional harmless error rule in approving a departure sentence while acknowledging trial court error in computation of the sentencing scoresheet. Subsequently, in State v. Mackey, 719 So. 2d 284…1 / 2
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Rubin v. State, 734 So. 2d 1089 (Fla. 3d DCA 1999)…o. 2d 716, 716 (Fla.1998). Pursuant to the supreme court’s mandate in State v. Rubin, we now consider whether the court’s use of the improperly calculated scoresheet adversely affected the sentences imposed against the appellant. See Hines v. State, 587 So. 2d 620, 621 (Fla. 2d DCA 1991) (holding court must consider whether “the trial judge would have imposed the same departure sentence notwithstanding the scoresheet error.”). We conclude that in this case, any scoresheet error was harmless as the record refl…
Previewing 3 of 11 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Brown v. State, 508 So. 2d 522 (Fla. 2d DCA 1987)
- Jefferson v. State, 489 So. 2d 860 (Fla. 1st DCA 1986)
- Stermer v. State, 567 So. 2d 13 (Fla. 2d DCA 1990)