Ballard v. State

District Court of Appeal of Florida

Ballard v. State

630 So. 2d 656, 1994 Fla. App. LEXIS 74, 1994 WL 7685

District Court of Appeal of Florida·Decided January 14, 1994·No. No. 92-2460·Published

Opinion

PER CURIAM.

We find no error save in the calculation of the defendant’s scoresheet. It was error to score twenty points for victim injury. Karchesky v. State, 591 So.2d 930 (Fla.1992). Because the lower court expressed an intent to “stick with the recommended sentence” and because the deletion of victim injury points will drop the recommended range to below the sentence given, we vacate the sentence and remand for resentencing.

Judgment AFFIRMED; sentence VACATED; REMANDED for resentencing.

HARRIS, C.J., and GRIFFIN and THOMPSON, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

We find no error save in the calculation of the defendant’s scoresheet. It was error to score twenty points for victim injury. Karchesky v. State, 591 So.2d 930 (Fla.1992). Because the lower court expressed an intent to “stick with the recommended sentence” and because the deletion of victim injury points will drop the recommended range to below the sentence given, we vacate the sentence and remand for resentencing.

Judgment AFFIRMED; sentence VACATED; REMANDED for resentencing.

HARRIS, C.J., and GRIFFIN and THOMPSON, JJ., concur.

Ballard v. State, 630 So. 2d 656, 1994 Fla. App. LEXIS 74, 1994 WL 7685 (Fla. Ct. App. 1994).

Pincite

630 So. 2d 656 (Ballard v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related