Hendry v. State, 84-923
| Decision Date | 21 December 1984 |
| Docket Number | No. 84-923,84-923 |
| Parties | 10 Fla. L. Weekly 35 Rodney James HENDRY, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Jerry Hill, Public Defender, and Paul C. Helm, Asst. Public Defender, Bartow, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and Karla J. Staker, Asst. Atty. Gen., Tampa, for appellee.
Appellant, pursuant to a negotiated plea, received concurrent terms of five years imprisonment in each of two cases, one for armed robbery and the other for robbery and grand theft. Because the sentencing guidelines scoresheet incorrectly included fourteen points for victim injury, we reverse.
Under the factual basis supporting the plea, it was specified that considerable injury, both physical and mental, was inflicted on the victim by either appellant or his partner or both.
This court has recently held that points for victim injury should not be assessed because victim injury does not constitute an element of the offense of armed robbery. See Toney v. State, 456 So.2d 559 (Fla. 2d DCA 1984).
Accordingly, victim injury points should not have been included in the scoresheet, because victim injury is not an element of the convicted offenses of robbery, armed robbery, or grand theft.
We reverse appellant's sentence and remand for resentencing. We further note that while points for victim injury may not be included on the guidelines scoresheet, physical or mental abuse of the victim may be cited as reason for departure from the guidelines. Green v. State, 455 So.2d 586 (Fla. 2d DCA 1984).
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...for victim injury because victim injury is not an element of armed robbery is a correct statement of current law. Hendry v. State, 460 So.2d 589 (Fla. 2d DCA 1984). The trial court, therefore, should not have scored points for victim injury. Without the twenty-one points for victim injury t......
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Holloman v. State, 85-259
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Baker v. State, 4-86-2626
...the trial. In reversing the sentence, we follow Smith v. State, 484 So.2d 649, 650 (Fla. 4th DCA 1986), which quoted Hendry v. State, 460 So.2d 589 (Fla. 2d DCA 1984), for the principle that points for victim injury cannot be properly awarded under the guidelines in the instant case when vi......
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Benedict v. State, 84-1814
...an element of section 316.062. Accordingly, points for victim injury should not have been scored. See Motyka. See also Hendry v. State, 460 So.2d 589 (Fla. 2d DCA 1984) (victim injury points should not have been included in scoresheet since victim injury is not an element of the offenses of......