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

CourtDistrict Court of Appeal of Florida

DecidedAugust 4, 1988

DocketNo. 87-2267

StatusPublished

Cited by1 cases

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

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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.

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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.

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528 So. 2d 1329, 13 Fla. L. Weekly 1843, 1988 Fla. App. LEXIS 3472, 1988 WL 79833, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hamlin-v-state-fladistctapp-1988.

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