Daniels v. State

Florida District Courts of Appeal May 11, 1988

Daniels v. State, 524 So. 2d 1117 (1988)

13 Fla. L. Weekly 1175; 1988 Fla. App. LEXIS 1925; 1988 WL 45876

Frank, Lehan, Schoonover

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).

Reference

Full Case Name: Willie Bee DANIELS v. STATE of Florida
Cited By: 1 case
Status: Published