Spring v. State, 92-2738
Decision Date | 08 December 1994 |
Docket Number | No. 92-2738,92-2738 |
Parties | 19 Fla. L. Weekly D2591 Ronald SPRING, Appellant, v. STATE of Florida, Appellee. |
Court | Florida District Court of Appeals |
Ronald Spring, pro se.
Robert A. Butterworth, Atty. Gen., and Joe S. Garwood, Asst. Atty. Gen., Tallahassee, for appellee.
Appellant Ronald Spring pled nolo contendere to numerous offenses of armed sexual battery, armed burglary, armed kidnapping, and attempted first-degree arson, and was sentenced to 80 years' incarceration to be followed by 15 years' probation. Spring filed a 3.800(a) motion to correct an illegal sentence, alleging that victim injury points were improperly assessed against him under Karchesky v. State, 591 So.2d 930 (Fla.1992). The trial court summarily denied Spring's motion by order dated July 2, 1992, and this appeal followed.
In Karchesky, the Florida Supreme Court held that "penetration, which does not cause ascertainable physical injury, does not result in victim injury as contemplated by the rule for which victim injury points may be assessed." Id. at 932. Significantly, however, Karchesky involved a defendant who was tried and convicted of the sexual crimes charged. Thus, Karchesky does not directly apply to or control cases in which a defendant pleads guilty or nolo contendere to sexual offenses and agrees to the assessment of victim injury points or to a fixed sentence based on assessed victim injury points. See Boerstler v. State, 622 So.2d 184 (Fla. 1st DCA 1993) ( ); Perryman v. State, 608 So.2d 528 (Fla. 1st DCA 1992) (, )rev. denied, 621 So.2d 432 (Fla.1993). In such cases, the defendant, by his plea, renders proof relating to victim injury points unnecessary, and the defendant may not subsequently...
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