Hamlin v. State

District Court of Appeal of Florida

Hamlin v. State

528 So. 2d 1329, 13 Fla. L. Weekly 1843, 1988 Fla. App. LEXIS 3472, 1988 WL 79833

District Court of Appeal of Florida·Decided August 4, 1988·No. No. 87-2267·Published·Cited by 1 cases

Opinions

DAUKSCH, Judge.

This is an appeal from a sentence. Appellant was convicted of leaving the scene of an accident involving injuries. § 316.027, Fla.Stat. (1983). The sentencing judge scored points on the sentencing guidelines scoresheet for victim injury. This was error because victim injury is not an element of the crime. Benedict v. State, 475 So.2d 1000 (Fla. 5th DCA 1985); Motyka v. State, 457 So.2d 1114 (Fla. 1st DCA 1984). The sentence is vacated and the cause remanded for resentencing.

SENTENCE VACATED, REMANDED.

DANIEL, J., concurs. ORFINGER, J., dissents with opinion.

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

DAUKSCH, Judge.

This is an appeal from a sentence. Appellant was convicted of leaving the scene of an accident involving injuries. § 316.027, Fla.Stat. (1983). The sentencing judge scored points on the sentencing guidelines scoresheet for victim injury. This was error because victim injury is not an element of the crime. Benedict v. State, 475 So.2d 1000 (Fla. 5th DCA 1985); Motyka v. State, 457 So.2d 1114 (Fla. 1st DCA 1984). The sentence is vacated and the cause remanded for resentencing.

SENTENCE VACATED, REMANDED.

DANIEL, J., concurs. ORFINGER, J., dissents with opinion.

Hamlin v. State, 528 So. 2d 1329, 13 Fla. L. Weekly 1843, 1988 Fla. App. LEXIS 3472, 1988 WL 79833 (Fla. Ct. App. 1988).

Pincite

528 So. 2d 1329 (Hamlin v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinions

Related