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JACKSON v. STATE

No. 87-2344.

533 So.2d 888 (1988)

James JACKSON, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

November 8, 1988.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Elliott H. Scherker, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Steven Scott, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and BASKIN and JORGENSON, JJ.

PER CURIAM.

James Jackson appeals the sentence imposed by the trial court upon his conviction for battery on a law enforcement officer. He correctly contends that the trial court erred in assessing points for victim injury.1 Because victim injury is not an element of the offense, the trial court should not have assessed points for victim injury.2 We therefore vacate the sentence and remand for resentencing...

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