JOSEPH SCHOLZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Joseph Scholz entered a no contest plea to DUI manslaughter and was sentenced to 126.4 months. • On appeal, he argues that the court erred by including an additional 120 points for victim injury on his sentencing guidelines scoresheet. Appellant contends that the addition of victim injury points constitutes “double scoring” because death of a victim is an element of DUI manslaughter. We disagree and affirm appellant’s sentence. See Wendt v. State, 711 So. 2d 1166, 23 Fla. L. Weekly D896 (Fla. 2d DCA 1998) and Martinez v. State, 692 So. 2d 199 (Fla. 3d DCA), review denied, 697 So. 2d 1217 (Fla.1997).
Appellant further argues that the trial court erred in refusing to order a downward departure sentence. Contrary to appellant’s assertions, the record reflects that the trial judge was aware of his discretion to deviate from the guidelines but declined to do so after fully evaluating evidence submitted by appellant of mitigating factors under section 921.0016, Florida Statutes. We cannot say that the trial court abused its discretion in declining to depart from the recommended sentencing range in this case.
AFFIRMED.
WARNER, STEVENSON and TAYLOR, JJ., concur.
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Whipple v. State, 789 So. 2d 1132 (Fla. 4th DCA 2001)…l court erroneously relied upon section 316.655 and never informed appellant of that fact until the pronouncement of sentence. Lastly, we affirm the trial court’s assessment of victim injury points on the guidelines seoresheet. See Scholz v. State, 734 So. 2d 526 (Fla. 4th DCA 1999)(addition of victim injury points to defendant’s sen [*1139] tencing guidelines scoresheet was not “double scoring,” notwithstanding defendant’s claim that death of victim was an element of DUI manslaughter); see also Trombley v.…
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Sims v. State, 869 So. 2d 45 (Fla. 5th DCA 2004)…propriety of the imposition of victim injury points in cases where the injury is an element of the crime. See, e.g., Whipple v. State, 789 So. 2d 1132, 1138 (Fla. 4th DCA 2001); Trombley v. State, 754 So. 2d 121 (Fla. 5th DCA 2000); Scholz v. State, 734 So. 2d 526 (Fla. 4th DCA 1999); Wendt v. State, 711 So. 2d 1166 (Fla. 2d DCA 1998); Martinez v. State, 692 So. 2d 199 (Fla. 3d DCA), review dismissed, 697 So. 2d 1217 (Fla.1997). Finally, we do not disagree with the general legal theory articulated in the dis…
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Williams v. State, 753 So. 2d 144 (Fla. 4th DCA 2000)…PER CURIAM. On the sole issue raised in this appeal, we find that the trial court did not abuse its discretion in refusing to depart downward from the guideline sentence. See Scholz v. State, 734 So. 2d 526 (Fla. 4th DCA 1999). AFFIRMED. WARNER, C.J., KLEIN, J., and OWEN, WILLIAM C., Jr., Senior Judge, concur.…
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- Martinez v. State, 692 So. 2d 199 (Fla. 3d DCA 1997)
- AETNA Cas. & Sur. Co. v. First Union Nat'l Bank of Fla., 711 So. 2d 1166 (Fla. 3d DCA 1998)