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McMILLAN v. STATE

No. 88-2482.

541 So.2d 152 (1989)

Joseph McMILLAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

April 5, 1989.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Allen J. DeWeese, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Carol Cobourn, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

The issue we address is the sufficiency of the evidence to score victim injury on the appellant's sentencing guideline scoresheet. No reason (although it appears to have been a negotiated plea) for departure was set forth.

A total of seventy-seven (77) points was assessed for victim injury. Appellant concedes twenty-one (21) points were appropriate for Count IV, aggravated battery specifically alleging...

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