Byrd v. State

District Court of Appeal of Florida

Byrd v. State

503 So. 2d 434, 12 Fla. L. Weekly 684, 1987 Fla. App. LEXIS 11990

CourtDistrict Court of Appeal of Florida

DecidedMarch 4, 1987

DocketNo. 4-86-1688

StatusPublished

Cited by3 cases

This text of 503 So. 2d 434 (Byrd v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Byrd v. State, 503 So. 2d 434, 12 Fla. L. Weekly 684, 1987 Fla. App. LEXIS 11990 (Fla. Ct. App. 1987).

Pincite

Opinion

WEBSTER, PETER D., Associate Judge.

Appellant, defendant below, was convicted of robbery and sentenced to thirty months in prison. He appeals only his sentence, arguing that the trial court erroneously added seven points for victim injury to the sentencing guidelines scoresheet. He contends that victim injury should not have been scored because it is not an element of the offense of robbery. He further contends that the error was harmful because addition of the seven points placed him in a higher presumptive sentencing category.

We agree with appellant that the trial court erroneously added points for victim injury, resulting in appellant having been placed in a higher presumptive sentencing category than he should have been. [435]*435See Rule 3.701(d)(7), Fla.R.Crim.P.; Vega v. State, 498 So.2d 1294 (Fla. 5th DCA 1986); Ritts v. State, 491 So.2d 1252 (Fla. 2d DCA 198.6); Smith v. State, 484 So.2d 649 (Fla. 4th DCA 1986); Brown v. State, 474 So.2d 346 (Fla. 1st DCA 1985); Toney v. State, 456 So.2d 559 (Fla. 2d DCA 1984). Accordingly, we vacate the sentence and remand with directions that the trial court resen-tence appellant. In so doing, we note that, while victim injury may not be included on the scoresheet, it may be used as a reason to depart from the guidelines. See, e.g., Ritts v. State, 491 So.2d 1252 (Fla. 2d DCA 1986); Self v. State, 487 So.2d 391 (Fla. 1st DCA 1986); Parker v. State, 478 So.2d 823 (Fla. 2d DCA 1985). But see Smith v. State, 484 So.2d 649 (Fla. 4th DCA 1986) (“slight” victim injury not a clear and convincing reason for departure).

CONVICTION AFFIRMED; SENTENCE VACATED; and REMANDED with directions.

HERSEY, C.J., and WALDEN, J., concur.

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

WEBSTER, PETER D., Associate Judge.

Appellant, defendant below, was convicted of robbery and sentenced to thirty months in prison. He appeals only his sentence, arguing that the trial court erroneously added seven points for victim injury to the sentencing guidelines scoresheet. He contends that victim injury should not have been scored because it is not an element of the offense of robbery. He further contends that the error was harmful because addition of the seven points placed him in a higher presumptive sentencing category.

We agree with appellant that the trial court erroneously added points for victim injury, resulting in appellant having been placed in a higher presumptive sentencing category than he should have been. [435]*435See Rule 3.701(d)(7), Fla.R.Crim.P.; Vega v. State, 498 So.2d 1294 (Fla. 5th DCA 1986); Ritts v. State, 491 So.2d 1252 (Fla. 2d DCA 198.6); Smith v. State, 484 So.2d 649 (Fla. 4th DCA 1986); Brown v. State, 474 So.2d 346 (Fla. 1st DCA 1985); Toney v. State, 456 So.2d 559 (Fla. 2d DCA 1984). Accordingly, we vacate the sentence and remand with directions that the trial court resen-tence appellant. In so doing, we note that, while victim injury may not be included on the scoresheet, it may be used as a reason to depart from the guidelines. See, e.g., Ritts v. State, 491 So.2d 1252 (Fla. 2d DCA 1986); Self v. State, 487 So.2d 391 (Fla. 1st DCA 1986); Parker v. State, 478 So.2d 823 (Fla. 2d DCA 1985). But see Smith v. State, 484 So.2d 649 (Fla. 4th DCA 1986) (“slight” victim injury not a clear and convincing reason for departure).

CONVICTION AFFIRMED; SENTENCE VACATED; and REMANDED with directions.

HERSEY, C.J., and WALDEN, J., concur.

Cite This Page — Counsel Stack

Bluebook (online)

503 So. 2d 434, 12 Fla. L. Weekly 684, 1987 Fla. App. LEXIS 11990, Counsel Stack Legal Research, https://law.counselstack.com/opinion/byrd-v-state-fladistctapp-1987.

Opinion

Related

Cite This Page — Counsel Stack