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BENEDICT v. STATE

No. 84-1814.

475 So.2d 1000 (1985)

Scott Alan BENEDICT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

September 19, 1985.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Lucinda H. Young, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Margene A. Roper, Asst. Atty. Gen., Daytona Beach, for appellee.

UPCHURCH, Judge.

Benedict appeals from a guidelines sentence for the offense of leaving the scene of an accident with injuries, contending that the trial court erred in assessing points for victim injury.

Florida Rule of Criminal Procedure 3.701(d)(7) provides that victim injury shall be scored if it is an element of any offenses at conviction. The committee note explains that:

This provision implements the intention of the commission that points...

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