ANTHONY A. SUTTON, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Sims v. State, 998 So. 2d 494 (Fla. 2008)
  …ave for review Sims v. State, 869 So. 2d 45 (Fla. 5th DCA 2004), which expressly and directly conflicts with the decisions in Geary v. State, 675 So. 2d 625 (Fla. 2d DCA 1996), Rodriguez v. State, 684 So. 2d 864 (Fla. 2d DCA 1996), and May v. State, 747 So. 2d 459 (Fla. 4th DCA 1999). We have jurisdiction pursuant to article V, section 3(b)(3) of the Florida Constitution. We quash the decision under review for the reasons set forth in our analysis below. I. FACTUAL AND PROCEDURAL HISTORY The facts of the un…

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• Sims v. State, 869 So. 2d 45 (Fla. 5th DCA 2004)
  …the current rule allows for the assessment of victim injury points even if the injury is not an element of the crime, as long as there is physical trauma. The Fourth District Court of Appeal has considered a factually similar case. In May v. State, 747 So. 2d 459 (Fla. 4th DCA 1999), the defendant appealed his sentence arguing that the trial court erred when it assessed victim injury points for the death of the victim. The defendant struck and hit the victim. While trying to dislodge the body, the defendant…

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• Sutton v. State, 786 So. 2d 1171 (Fla. 2001)
  …LEWIS, J. We have for review Sutton v. State, 747 So. 2d 459 (Fla. 2d DCA 1999). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const. We vacate the decision of the district court and remand for reconsideration upon application of our decisions in Grant v. State, 770 So. 2d 655 (Fla.2000); State v. Cotto…

Authorities Cited

• Ames v. State, 745 So. 2d 519 (Fla. 3d DCA 1999)
• Grant v. State, 745 So. 2d 519 (Fla. 2d DCA 1999)