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Fowler v. State

District Court of Appeal of Florida, Fifth District
Oct 9, 1992
605 So. 2d 598 (Fla. Dist. Ct. App. 1992)

Opinion

No. 91-2591.

October 9, 1992.

Appeal from the Circuit Court for Orange County; Daniel P. Dawson, Judge.

James B. Gibson, Public Defender, and George D.E. Burden, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Nancy Ryan, Asst. Atty. Gen., Daytona Beach, for appellee.


We affirm the lower court's scoring of two primary offenses at conviction; however, in light of the supreme court's decision in Karchesky v. State, 591 So.2d 930 (Fla. 1992), we are bound to vacate the sentence and remand for the court to make a determination of "physical injury or trauma" in accordance with the Karchesky opinion.

AFFIRMED in part; SENTENCE VACATED and REMANDED.

GOSHORN, C.J., and DAUKSCH and GRIFFIN, JJ., concur.


Summaries of

Fowler v. State

District Court of Appeal of Florida, Fifth District
Oct 9, 1992
605 So. 2d 598 (Fla. Dist. Ct. App. 1992)
Case details for

Fowler v. State

Case Details

Full title:RONNIE SEAN FOWLER, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fifth District

Date published: Oct 9, 1992

Citations

605 So. 2d 598 (Fla. Dist. Ct. App. 1992)

Citing Cases

Harper v. State

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