MORGAN v. STATE

No. 88-411.

534 So.2d 1239 (1988)

Thomas A. MORGAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

December 15, 1988.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Daniel J. Schafer, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Pamela D. Cichon, Asst. Atty. Gen., Daytona Beach, for appellee.


SHARP, Chief Judge.

Morgan appeals his 24 month community control sentence on the ground that the 36 points added to his sentencing scoresheet for "severe victim injury" should not have been included. Absent the controverted 36 points, Morgan's score would have placed him in the presumptive sentence bracket of "any non-state prison sanction." We agree they should not have been included.

Appellant was charged with being a principal to battery on a law enforcement...

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