CRAIG TRUITT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that victim injury points for a death should not be added to a sentencing scoresheet when the defendant is convicted of aggravated battery, not murder.
Appellant was charged with second-degree murder after a fight resulted in a death. The jury found him guilty of the lesser included offense of aggrava…
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STRINGER, Judge.
Appellant, Craig Truitt, challenges his sentence for aggravated battery with a deadly weapon. Appellant alleges that the trial court erred in adding 120 victim injury points to his sentencing scoresheet for the victim’s death. We agree and reverse.
Appellant was charged with second-degree murder for a death which occurred after appellant and the victim engaged in a fight. The jury found appellant guilty of the lesser included offense of aggravated battery with a deadly weapon. The trial court, however, added 120 victim injury points to appellant’s sentencing scoresheet for the victim’s death. Since the jury did not convict appellant of second-degree murder but rather the lesser included offense of aggravated battery with a deadly weapon, appellant should not have been assessed 120 victim injury points for the victim’s death. See Key v. State, 779 So. 2d 525 (Fla. 2d DCA 2000).
We, therefore, remand this case for re-sentencing without assessing 120 victim injury points for the victim’s death. On remand, the trial court may impose other appropriate .victim injury points.
Reversed and remanded for resentencing.
PARKER, A.C.J., and GREEN, J., concur.
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Lane v. State, 981 So. 2d 596 (Fla. 1st DCA 2008)…cally injured and for each offense resulting in physical injury whether there are one or more victims. However, victim injury must not be scored for an offense for which the offender has not been convicted. Id. (emphasis added). In Truitt v. State, 787 So. 2d 53 (Fla. 2d DCA 2001), a defendant was charged with second-degree murder for a death which occurred after the defendant fought the victim. The jury, like the jury in this case, found the defendant guilty of the lesser included offense of aggravated bat…
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Keniel Nunez v. State, 793 So. 2d 96 (Fla. 2d DCA 2001)…the robbery. The jury acquitted appellant of the second-degree murder charge. Since the jury acquitted appellant of second-degree murder, the trial court should not have assessed 120 victim injury points for the victim’s death. See Truitt v. State, 787 So. 2d 53 (Fla. 2d DCA 2001) (holding that where the defendant was charged with second-degree murder but only convicted of aggravated battery, the trial court erred in imposing 120 victim injury points); Key v. State, 779 So. 2d 525 (Fla. 2d DCA 2000). Accord…
Authorities Cited
- KEY v. State, 779 So. 2d 525 (Fla. 2d DCA 2000)