Camerron v. State

District Court of Appeal of Florida

Camerron v. State

508 So. 2d 570, 12 Fla. L. Weekly 1537, 1987 Fla. App. LEXIS 9006

CourtDistrict Court of Appeal of Florida

DecidedJune 23, 1987

DocketNo. 86-2388

StatusPublished

Cited by1 cases

This text of 508 So. 2d 570 (Camerron 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.

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Camerron v. State, 508 So. 2d 570, 12 Fla. L. Weekly 1537, 1987 Fla. App. LEXIS 9006 (Fla. Ct. App. 1987).

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Opinion

PER CURIAM.

The state concedes error in the trial court’s inclusion of victim injury points in scoring the robbery conviction when physical contact does not constitute an element of the crime. Vaillant v. State, 490 So.2d 1326 (Fla. 3d DCA 1986); see Fla.R.Crim.P. 3.701 d.7. See also Byrd v. State, 503 So.2d 434 (Fla. 4th DCA 1987) (victim injury may not be scored because not element of robbery); Vega v. State, 498 So.2d 1294 (Fla. 5th DCA 1986) (same); Ritts v. State, 491 So.2d 1252 (Fla. 2d DCA 1986) (same); Wright v. State, 487 So.2d 1176 (Fla. 1st DCA 1986) (victim injury not a necessary element of armed robbery). Accordingly, we vacate the sentence and remand for resentencing. Appellant’s remaining point lacks merit. Phillips v. State, 476 So.2d 194 (Fla.1985).

Conviction affirmed, sentence vacated, and remanded for resentencing.

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PER CURIAM.

The state concedes error in the trial court’s inclusion of victim injury points in scoring the robbery conviction when physical contact does not constitute an element of the crime. Vaillant v. State, 490 So.2d 1326 (Fla. 3d DCA 1986); see Fla.R.Crim.P. 3.701 d.7. See also Byrd v. State, 503 So.2d 434 (Fla. 4th DCA 1987) (victim injury may not be scored because not element of robbery); Vega v. State, 498 So.2d 1294 (Fla. 5th DCA 1986) (same); Ritts v. State, 491 So.2d 1252 (Fla. 2d DCA 1986) (same); Wright v. State, 487 So.2d 1176 (Fla. 1st DCA 1986) (victim injury not a necessary element of armed robbery). Accordingly, we vacate the sentence and remand for resentencing. Appellant’s remaining point lacks merit. Phillips v. State, 476 So.2d 194 (Fla.1985).

Conviction affirmed, sentence vacated, and remanded for resentencing.

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508 So. 2d 570, 12 Fla. L. Weekly 1537, 1987 Fla. App. LEXIS 9006, Counsel Stack Legal Research, https://law.counselstack.com/opinion/camerron-v-state-fladistctapp-1987.

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