TEEHAN v. STATE

No. 84-842.

488 So.2d 132 (1986)

Lawrence TEEHAN, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

May 6, 1986.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Bruce A. Rosenthal, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen. and Mark J. Berkowitz, Asst. Atty. Gen., for appellee.

Before BARKDULL, BASKIN and JORGENSON, JJ.


PER CURIAM.

The appellant was convicted of battery on a law enforcement officer. The trial judge increased the points under the guidelines and aggravated the sentence of the appellant to five years and thereby departed from the guidelines. His reasons for departure were punishment and deterrence.

We reverse and remand for resentencing. It was error to score additional points for victim injury when there was no evidence of same and it was not an essential element...

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