HOGAN v. STATE

No. 91-310.

589 So.2d 459 (1991)

Ronald HOGAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

November 21, 1991.


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 Robin Compton Jones, Asst. Atty. Gen., Daytona Beach, for appellee.


COBB, Judge.

Hogan pled nolo contendere to two counts of battery on a law enforcement officer. At the time of the offense, Hogan was incarcerated in county jail. At sentencing he objected to the scoring of victim injury points.

On appeal, Hogan contends that the trial court erroneously added 24 points for victim injury and 72 points for legal constraint. We agree. There was no evidence of actual physical injury and the "contact" relied upon by the trial court...

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