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HARRIS v. STATE

No. 86-2064.

513 So.2d 169 (1987)

John C. HARRIS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied September 25, 1987.

Attorney(s) appearing for the Case

Kirk N. Kirkconnell of Muller, Kirkconnell and Lindsey, P.A., Winter Park, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Sean Daly, Asst. Atty. Gen., Daytona Beach, for appellee.

DAUKSCH, Judge.

This is an appeal from a sentence in a murder case. The issue raised by appellant is in regard to an assessment of points for victim injury. Florida Rule of Criminal Procedure 3.701(d)(7) says victim injury shall be scored if it is an element of the crime at conviction. Injury is an element of murder, appellant concedes, but it should not be scored against him, he says, because he did not actually inflict the injury. Appellant was not the trigger-man...

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