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Garayoa v. State

827 So. 2d 353, 2002 Fla. App. LEXIS 14229, 2002 WL 31174506
CourtDistrict Court of Appeal of Florida
DecidedOctober 2, 2002
DocketNo. 3D01-2931
StatusPublished

This text of 827 So. 2d 353 (Garayoa 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
Garayoa v. State, 827 So. 2d 353, 2002 Fla. App. LEXIS 14229, 2002 WL 31174506 (Fla. Ct. App. 2002).

Opinion

PER CURIAM.

We affirm because the aggravated battery charge was not erroneously reclassified. See Lareau v. State, 573 So.2d 813, 815 (Fla.1991) (aggravated battery causing great bodily harm and involving the use of a deadly weapon can be enhanced to a first degree felony).

Additionally, the scoring of victim injury is within the sound discretion of the trial court. See Kelly v. State, 701 So.2d 1253 (Fla. 5th DCA 1997). In this case, the trial court’s determination that the victim’s injury was severe is supported by the record. See Hall v. State, 598 So.2d 230, 231 (Fla. 2d DCA 1992).

Affirmed.

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Related

Lareau v. State
573 So. 2d 813 (Supreme Court of Florida, 1991)
Kelly v. State
701 So. 2d 1253 (District Court of Appeal of Florida, 1997)
Hall v. State
598 So. 2d 230 (District Court of Appeal of Florida, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
827 So. 2d 353, 2002 Fla. App. LEXIS 14229, 2002 WL 31174506, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garayoa-v-state-fladistctapp-2002.