KEY v. STATE

No. 2D01-4772.

837 So.2d 535 (2003)

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

District Court of Appeal of Florida, Second District.

February 12, 2003.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Julius J. Aulisio, Assistant Public Defender, Bartow, for Appellant.

Charlie Crist, Attorney General, Tallahassee, and Dale E. Tarpley, Assistant Attorney General, Tampa, for Appellee.


STRINGER, Judge.

Joseph Key seeks review of his sentence of 62.1 months' incarceration, which the trial court entered on remand from his direct appeal. Because the trial court abused its discretion in assessing forty points for severe victim injury, we reverse.

In September 1998 the State charged Key with the first-degree murder and aggravated child abuse of his girlfriend's three-year-old daughter. The evidence showed that the cause of death was blunt trauma...

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