KIMBERLY JOHNSON, APPELLANT,

v.

DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, APPELLEE

Citator

Cited By

• Sommers v. State, 796 So. 2d 608 (Fla. 2d DCA 2001)
  …been scored absent other evidence of physical [*610] injury or trauma. Because the trial judge might have imposed a different sentence based upon a properly calculated score-sheet, the error is not subject to harmless error analysis. Scott v. State, 638 So. 2d 616, 617 (Fla. 4th DCA 1994). See also Rowan v. State, 791 So. 2d 40, 41-44 (Fla. 2d DCA 2001) (reversing and remanding for a determination of the propriety of victim injury points even though the sentence would have been proper regardless of victim inj…
• Spring v. State, 647 So. 2d 974 (Fla. 1st DCA 1994)
  …ssessment of victim injury points or to a fixed sentence based on assessed victim injury points), he may be entitled to challenge the assessment of victim injury points. See, e.g., Harper v. State, 632 So. 2d 104 (Fla. 1st DCA 1994); Scott v. State, 638 So. 2d 616 (Fla. 4th DCA 1994). In short, this appeal turns on whether Spring agreed to the assessment of victim injury points. Because the record is not revealing in this regard, we must REVERSE and REMAND for further proceedings. BOOTH, ALLEN and BENTON,…
• Patterson v. State, 641 So. 2d 456 (Fla. 5th DCA 1994)
  …W. SHARP, Judge. Patterson moves for rehearing, citing two cases which were decided after we affirmed his conviction and sentence in a capital sexual battery case.1 See Fulkroad v. State, 640 So. 2d 1160 (Fla. 2d DCA 1994) and Scott v. State, 638 So. 2d 616 (Fla. 4th DCA 1994). He was also convicted of two counts of committing a lewd act on a child.2 We grant his motion for rehearing and withdraw our PCA, replacing it with the following opinion. We affirm Patterson’s convictions and judgment on all co…

Authorities Cited

• Zayas v. Dep't of Health & Rehabilitative Servs., 598 So. 2d 257 (Fla. 1st DCA 1992)