FENNELL v. STATE

No. 87-1206.

528 So.2d 1212 (1988)

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

District Court of Appeal of Florida, Fourth District.

On Motion for Rehearing and Certification of Conflict July 6, 1988.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Jeffrey L. Anderson, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Georgina Jimenez-Orosa, Asst. Atty. Gen., West Palm Beach, for appellee.


STONE, Judge.

Appellant was convicted of two counts of attempted second-degree murder. The information had charged attempted first-degree murder "by stabbing" his victims. The guidelines scoresheet used in sentencing included points for victim injury. The defendant correctly asserts the rule applicable at the time of sentencing that victim injury could only be properly scored if it was an element of the offense.1 See Fla.R. Crim...

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