MOTYKA v. STATE

No. AW-461.

457 So.2d 1114 (1984)

Robert William MOTYKA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

October 12, 1984.


Attorney(s) appearing for the Case

Michael E. Allen, Public Defender, and Charleve V. Edwards, Asst. Public Defender, Tallahassee, for appellant.

Jim Smith, Atty. Gen., and Henri C. Cawthon, Asst. Atty. Gen., Tallahassee, for appellee.


MILLS, Judge.

Motyka appeals from a sentence of 3 1/2 years in prison following conviction for leaving the scene of an accident involving death or personal injuries. Section 316.027, Florida Statutes (1983). The issue presented is whether the trial court erred in scoring victim injury in determining the recommended range pursuant to the sentencing guidelines. The trial court erred. We reverse and remand for resentencing.

Moytka was involved in an automobile...

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