Waller v. State

District Court of Appeal of Florida

Waller v. State

716 So. 2d 836, 1998 Fla. App. LEXIS 11012, 1998 WL 543317

CourtDistrict Court of Appeal of Florida

DecidedAugust 28, 1998

DocketNo. 97-3551

StatusPublished

This text of 716 So. 2d 836 (Waller 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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Waller v. State, 716 So. 2d 836, 1998 Fla. App. LEXIS 11012, 1998 WL 543317 (Fla. Ct. App. 1998).

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Opinion

THOMPSON, Judge.

Victor Waller appeals his conviction for aggravated battery with a firearm.¹ He alleges that the trial court erred when it scored the victim injury as severe and added 40 points to his sentencing scoresheet. We affirm.

The evidence adduced at trial shows that Waller shot the victim -with a .410 shotgun shell at close range. Six pellets struck the victim and two remain in his body: one lodged in his retina and the other “an inch off’ the right ventricle of his heart. The scoring of victim injury is within the sound discretion of the trial court and here we find that the record supports scoring the injury [837]*837as severe. Kelly v. State, 701 So.2d 1253 (Fla. 5th DCA 1997); Brown v. State, 652 So.2d 488 (Fla. 5th DCA 1995).

AFFIRMED.

GRIFFIN, C.J., and COBB, J., concur.

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THOMPSON, Judge.

Victor Waller appeals his conviction for aggravated battery with a firearm.¹ He alleges that the trial court erred when it scored the victim injury as severe and added 40 points to his sentencing scoresheet. We affirm.

The evidence adduced at trial shows that Waller shot the victim -with a .410 shotgun shell at close range. Six pellets struck the victim and two remain in his body: one lodged in his retina and the other “an inch off’ the right ventricle of his heart. The scoring of victim injury is within the sound discretion of the trial court and here we find that the record supports scoring the injury [837]*837as severe. Kelly v. State, 701 So.2d 1253 (Fla. 5th DCA 1997); Brown v. State, 652 So.2d 488 (Fla. 5th DCA 1995).

AFFIRMED.

GRIFFIN, C.J., and COBB, J., concur.

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716 So. 2d 836, 1998 Fla. App. LEXIS 11012, 1998 WL 543317, Counsel Stack Legal Research, https://law.counselstack.com/opinion/waller-v-state-fladistctapp-1998.

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