DEWAYNE SEALS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed the denial of a rule 3.800(a) motion challenging sentencing calculations, holding that victim injury points for sex offenses are properly assessed regardless of physical injury and that any scoresheet error did not affect the imposed sentence.
Victim injury points in sex offense sentencing are properly assessed under Florida law regardless of whether physical injury is evident, and scoresheet calculation errors that do not alter the final sentence warrant affirmance.
[1] Victim injury points in sex offense sentencing are properly assessed under Florida law regardless of whether physical injury evidence exists, following legislative amendm…
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Join FLexlaw to unlock all legal intelligenceDewayne Seals appealed the denial of his motion challenging his sentencing scoresheet, claiming the trial court miscalculated his prior record and err…
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PER CURIAM.
Dewayne Seals, the appellant, appeals the summary denial of his rule 3.800(a) motion. He alleges that the trial court miscalculated his prior record and erroneously added 40 points for victim injury. As the record clearly shows that the appellant’s prior record was properly calculated, we affirm the denial of the appellant’s first claim. Karchesky v. State, 591 So. 2d 930 (Fla.1992), cited by appellant, is not applicable because of subsequent legislative amendments to provide for victim injury points in sex offenses, regardless of whether there is evidence of any physical injury. See Mitchell v. State, 635 So. 2d 1073, 1074 (Fla. 1st DCA 1994); Howard v. State, 724 So. 2d 599 (Fla. 2d DCA 1998).
As to the appellant’s second claim, the trial court did not attach portions of the record showing the degree of injury supporting an assessment of 40 points for victim injury pursuant to Fla.R.Crim.P. 3.988(b)V. Subtracting the victim injury points from the appellant’s scoresheet results in a reduced sentencing range of one cell. Although the appellant’s total points would result on a one-cell reduced sentencing range, the recommended sentence would be the same as imposed and the imposed sentence would be within the new range. Based on the rational of Heggs v. State, 759 So. 2d 620, 627 (Fla.2000), as explained by Hummel v. State, 782 So. 2d 450 (Fla. 1st DCA 2001), we affirm.
AFFIRMED.
BARFIELD, C.J., WOLF and POLSTON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Heggs v. State, 759 So. 2d 620 (Fla. 2000)
- Karchesky v. State, 591 So. 2d 930 (Fla. 1992)
- Hummel v. State, 782 So. 2d 450 (Fla. 1st DCA 2001)
- IVY v. Moore, 782 So. 2d 450 (Fla. 1st DCA 2001)
- Mitchell v. State, 635 So. 2d 1073 (Fla. 1st DCA 1994)
- Howard v. State, 724 So. 2d 599 (Fla. 2d DCA 1998)