Seals v. State
Seals v. State
Opinion of the Court
Dewayne Seals, the appellant, appeals the summary denial of his rule 3.800(a) motion. He alleges that the trial court miscalculated his prior record and erroneously added 40 points for victim injury. As the record clearly shows that the appellant’s prior record was properly calculated, we affirm the denial of the appellant’s first claim. Karchesky v. State, 591 So.2d 930 (Fla. 1992), cited by appellant, is not applicable because of subsequent legislative amendments to provide for victim injury points in sex offenses, regardless of whether there is evidence of any physical injury. See Mitchell v. State, 635 So.2d 1073, 1074 (Fla. 1st DCA 1994); Howard v. State, 724 So.2d 599 (Fla. 2d DCA 1998).
As to the appellant’s second claim, the trial court did not attach portions of the record showing the degree of injury supporting an assessment of 40 points for
AFFIRMED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.