STATE OF FLORIDA, APPELLANT/CROSS-APPELLEE,
v.
GWENDOLYN BARBER, APPELLEE/CROSS-APPELLANT
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Victim injury points must be assessed on a defendant's score-sheet during sentencing for DUI-serious bodily injury.
The State appealed Barber's sentence for DUI-serious bodily injury because it omitted victim injury points. Barber cross-appealed her judgment and sen…
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PER CURIAM.
The State appeals Barber’s sentence for DUI-serious bodily injury which omitted victim injury points. Barber filed a cross-appeal challenging her judgment and sentence. Her attorney filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct 1396, 18 L.Ed.2d 493 (1967).1 We reverse and remand for resentencing.
In Wendt v. State, 711 So. 2d 1166 (Fla. 2d DCA 1998), this court receded from Thornton v. State, 683 So. 2d 515 (Fla. 2d DCA 1996), and held that victim injury points were properly assessed on a defendant’s score-sheet during sentencing for DUI-manslaughter and DUI-serious bodily injury. Accordingly, we reverse the sentence imposed below and remand for sentencing in accordance with Wendt.
PARKER, C.J., and SALCINES, J., and DANAHY, PAUL W., (Senior) Judge, Concur. . On cross-appeal, Barber raised the issue of a sentencing error. We do not address this error here since this case is being remanded for resentencing. However, we draw to the court’s attention that the oral pronouncement of the sentence in this case is inconsistent with the written sentence. The trial court adjudicated Barber guilty and sentenced her to 13.6 months' incarceration. Notwithstanding, the written sentence shows that Barber was sentenced to 21.15 months of incarceration.
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Agustin Carmona v. State, 733 So. 2d 1167 (Fla. 5th DCA 1999)…PER CURIAM. See State v. Barber, 727 So. 2d 996 (Fla. 2d DCA 1999); Martinez v. State, 692 So. 2d 199 (Fla. 3d DCA), rev. dismissed, 697 So. 2d 1217 (Fla.1997); AFFIRMED. W. SHARP, GOSHORN and HARRIS, JJ., concur.…
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Barber v. State, 775 So. 2d 325 (Fla. 2d DCA 2000)…nd this case to the trial court to reconsider this sentence. See Smith, 761 So. 2d 419. Remanded for reconsideration. BLUE, A.C.J., and ALTENBERND, J., Concur. . This case was previously before this court on an unrelated issue in State v. Barber, 727 So. 2d 996 (Fla. 2d DCA 1999). . Based on our informal calculation of Barber's 1994 guidelines scoresheet, it appears her sentence would not constitute a departure sentence under the 1994 guidelines. We, however, express no opinion on this issue and leave it…
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- AETNA Cas. & Sur. Co. v. First Union Nat'l Bank of Fla., 711 So. 2d 1166 (Fla. 3d DCA 1998)
- Major Thornton v. State, 683 So. 2d 515 (Fla. 2d DCA 1996)