Diaz v. State

District Court of Appeal of Florida

Diaz v. State

585 So. 2d 488, 1991 Fla. App. LEXIS 9400, 1991 WL 178171

CourtDistrict Court of Appeal of Florida

DecidedSeptember 11, 1991

DocketNo. 89-00516

StatusPublished

This text of 585 So. 2d 488 (Diaz 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

Diaz v. State, 585 So. 2d 488, 1991 Fla. App. LEXIS 9400, 1991 WL 178171 (Fla. Ct. App. 1991).

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Opinion

PER CURIAM.

Enrique Diaz appeals the judgments and sentences imposed upon him for aggravated battery, aggravated assault, false imprisonment, and two counts of attempted armed robbery. We affirm the judgments and sentences. However, we remand for correction of the scoresheet.

There was sufficient evidence to support the trial court’s oral finding of severe vic[489]*489tim injury. This finding was also indicated in writing on the scoresheet and on the sentences. The scoresheet, however, re-fleeted only fourteen points for moderate victim injury instead of twenty-one for severe victim injury. We remand with instructions to correct the scoresheet to re-fleet points for severe victim injury.

Affirmed but remanded with instructions.

SCHOONOVER, C.J., and CAMPBELL and THREADGILL, JJ., concur.

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PER CURIAM.

Enrique Diaz appeals the judgments and sentences imposed upon him for aggravated battery, aggravated assault, false imprisonment, and two counts of attempted armed robbery. We affirm the judgments and sentences. However, we remand for correction of the scoresheet.

There was sufficient evidence to support the trial court’s oral finding of severe vic[489]*489tim injury. This finding was also indicated in writing on the scoresheet and on the sentences. The scoresheet, however, re-fleeted only fourteen points for moderate victim injury instead of twenty-one for severe victim injury. We remand with instructions to correct the scoresheet to re-fleet points for severe victim injury.

Affirmed but remanded with instructions.

SCHOONOVER, C.J., and CAMPBELL and THREADGILL, JJ., concur.

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Bluebook (online)

585 So. 2d 488, 1991 Fla. App. LEXIS 9400, 1991 WL 178171, Counsel Stack Legal Research, https://law.counselstack.com/opinion/diaz-v-state-fladistctapp-1991.