Florida District Courts of Appeal, 1988

Daniels v. State

Florida District Courts of Appeal · Decided May 11, 1988 · Frank, Lehan, Schoonover

524 So. 2d 1117; 13 Fla. L. Weekly 1175; 1988 Fla. App. LEXIS 1925; 1988 WL 45876 (Southern Reporter, Second Series)

Opinion of the Court

FRANK, Judge.

The appellant, Willie Bee Daniels, urges on appeal that his guidelines scoresheet erroneously includes points for victim inju*1118ry. He is correct. At the time he committed the offense of robbery without a weapon, victim injury was only scored when it was an element of the offense committed.* Victim injury is not an element of robbery without a weapon; therefore, it was incorrectly included in the scoresheet computations. Hendry v. State, 460 So.2d 589 (Fla. 2d DCA 1984).

This matter is remanded for the preparation of a correct scoresheet. Daniels should be resentenced within the applicable guidelines range.

SCHOONOVER, A.C.J., and LEHAN, J., concur.

A 1987 amendment to the guidelines provides that victim injury is to be scored for each victim injured during a criminal transaction or episode. See, Florida Rules of Criminal Procedure Re Sentencing Guidelines (Rules 3.701 and 3.988), 509 So.2d 1088 (Fla. 1987).

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