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508 So. 2d 570

508 So.2d 570

12 Fla.L.Weekly 1537

Camerron v. State

District Court of Appeal of Florida · decided 1987-06-23

Cited by 1 later decisions — most recently May 1988

1 state decisions

Relies on 476 So. 2d 194 - Phillips v. State · 491 So. 2d 1252 - Ritts v. State · 487 So. 2d 1176 - Wright v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1987-06-23

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PER CURIAM.

¶1The 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).

¶2Conviction affirmed, sentence vacated, and remanded for resentencing.

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