Opinion
Case No. 2D97-2396.
Opinion filed June 28, 2000.
Appeal from the Circuit Court for Hillsborough County; Jack Espinosa, Jr., Judge.
James Marion Moorman, Public Defender, and John Fisher, Assistant Public Defender, Bartow, for Appellant.
Robert A. Butterworth, Attorney General, and Tonja R. Vickers, Assistant Attorney General, Tampa, for Appellee.
Eric Walker has raised two issues in this appeal from his sentencing. His first contention, that the trial court erred in scoring victim injury as severe, is without merit. Victim injury scoring is within the trial judge's discretion, and we affirm the judge's factual determination as to the severity. See Gregory v. State, 666 So.2d 222 (Fla. 2d DCA 1995).
Mr. Walker's second contention concerns the application of the 1995 sentencing guidelines to his offense, which occurred on August 16, 1996. We remand this case to the trial judge to reconsider this sentence. See Smith v. State, 25 Fla. L. Weekly D 1273 (Fla. 2d DCA May 24, 2000).
BLUE, A.C.J., and FULMER, J., Concur.