HARDY v. STATE

No. 85-1772.

492 So.2d 837 (1986)

Sam HARDY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

August 14, 1986.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Kenneth Witts, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Jim Easley, Asst. Atty. Gen., Daytona Beach, for appellee.


DAUKSCH, Judge.

This is an appeal from a sentence for aggravated assault. The trial judge erred in scoring thirty-six points for victim injury which error caused appellant's sentence to be greater than the sentencing guidelines allow. Although we relinquished jurisdiction for resentencing, the sentencing judge failed to resentence appellant within the time allotted for the jurisdiction to do so. Thus, we must write this opinion vacating the sentence and requiring...

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