JAMES ARRON KELLY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The trial court did not err in assessing points for moderate victim injury.
Appellant entered his former girlfriend's trailer without permission, assaulted her current boyfriend, and inflicted injuries evidenced by scars. The …
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THOMPSON, Judge.
James Aaron Kelly appeals his convictions. and sentences for battery and burglary of a dwelling without a battery. He raises one issue on appeal: that the trial court erred in assessing points for moderate victim injury. We affirm.
The record shows that Kelly entered the trailer of his former girlfriend without permission and in violation of a restraining order. Once in the trailer, he assaulted her current boyfriend. The boyfriend fled the trailer and was seen by the police bleeding from the head and face. At trial, the boyfriend testified that he was attacked without provocation, and was so severely injured that he still had scars from the beating. The jury was shown the scars. His testimony was supported by Kelly’s former girlfriend and the police. Kelly was convicted and the judge assessed points for moderate victim injury.
The scoring of victim injury is within the sound discretion of the trial court. Brown v. State, 652 So. 2d 488 (Fla. 5th DCA 1995). In this ease, the facts support the judge’s assessment of points for victim injury.
AFFIRMED.
W. SHARP and ANTOON, JJ., concur.
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Poole v. State, 753 So. 2d 698 (Fla. 4th DCA 2000)…sisting arrest did not warrant points for slight injury where there was no evidence that the officer suffered any discomfort or slight injury. Although the scoring of victim injury is within the sound discretion of the trial court, Kelly v. State, 701 So. 2d 1253 (Fla. 5th DCA 1997), drawing the line between slight and moderate injuries is not [*699] an easy task. Considering that under principles of lenity we must resolve any doubts as to the meaning of these terms in favor of appellant, we conclude that th…
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Waller v. State, 716 So. 2d 836 (Fla. 5th DCA 1998)…in his retina and the other “an inch off’ the right ventricle of his heart. The scoring of victim injury is within the sound discretion of the trial court and here we find that the record supports scoring the injury [*837] as severe. Kelly v. State, 701 So. 2d 1253 (Fla. 5th DCA 1997); Brown v. State, 652 So. 2d 488 (Fla. 5th DCA 1995). AFFIRMED. GRIFFIN, C.J., and COBB, J., concur. . § 784.045(1)(A)(2), Fla. Stat. (1995).…
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Landon (Glade) Tillman v. State, 819 So. 2d 913 (Fla. 3d DCA 2002)…PER CURIAM. Affirmed. The scoring of victim injury is within the sound discretion of the trial court. See Kelly v. State, 701 So. 2d 1253 (Fla. 5th DCA 1997). While drawing the line between slight and moderate injuries is not an easy task, see Poole v. State, 753 So. 2d 698, 698-99 (Fla. 4th DCA 2000), we find no abuse of discretion in the trial court’s finding that the injury was mod…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
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- Brown v. State, 652 So. 2d 488 (Fla. 5th DCA 1995)
- Pauley v. Pauley, 652 So. 2d 488 (Fla. 4th DCA 1995)