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Camerron v. State

District Court of Appeal of Florida, Third District
Jun 23, 1987
508 So. 2d 570 (Fla. Dist. Ct. App. 1987)

Opinion

No. 86-2388.

June 23, 1987.

An Appeal from the Circuit Court for Dade County; Thomas M. Carney, Judge.

Bennett H. Brummer, Public Defender, and Breslin Raben and Peter Raben, Sp. Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Richard L. Polin, Asst. Atty. Gen., for appellee.

Before HENDRY, HUBBART and BASKIN, JJ.


The state concedes error in the trial court's inclusion of victim injury points in scoring the robbery conviction when physical contact does not constitute an element of the crime. Vaillant v. State, 490 So.2d 1326 (Fla. 3d DCA 1986); see Fla.R.Crim.P. 3.701 d.7. See also Byrd v. State, 503 So.2d 434 (Fla. 4th DCA 1987) (victim injury may not be scored because not element of robbery); Vega v. State, 498 So.2d 1294 (Fla. 5th DCA 1986) (same); Ritts v. State, 491 So.2d 1252 (Fla. 2d DCA 1986) (same); Wright v. State, 487 So.2d 1176 (Fla. 1st DCA 1986) (victim injury not a necessary element of armed robbery). Accordingly, we vacate the sentence and remand for resentencing. Appellant's remaining point lacks merit. Phillips v. State, 476 So.2d 194 (Fla. 1985).

Conviction affirmed, sentence vacated, and remanded for resentencing.


Summaries of

Camerron v. State

District Court of Appeal of Florida, Third District
Jun 23, 1987
508 So. 2d 570 (Fla. Dist. Ct. App. 1987)
Case details for

Camerron v. State

Case Details

Full title:TONY CAMERRON, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Jun 23, 1987

Citations

508 So. 2d 570 (Fla. Dist. Ct. App. 1987)

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