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FENNELL v. STATE

No. 86-736.

496 So.2d 897 (1986)

Robert Jewett FENNELL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

October 17, 1986.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Joel E. Grigsby, Asst. Public Defender, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Gary O. Welch, Asst. Atty. Gen., Tampa, for appellee.

GRIMES, Judge.

Appellant appeals his sentences resulting from convictions for first-degree murder and robbery.

At sentencing, the trial judge included 21 points for victim injury in scoring appellant's robbery conviction. This court has held that points for victim injury should not be assessed where victim injury is not an element of the crime. Toney v. State, 456 So.2d 559 (Fla. 2d DCA 1984). Victim injury is not...

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