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528 So. 2d 1329

528 So.2d 1329

13 Fla.L.Weekly 1843

Hamlin v. State

District Court of Appeal of Florida · decided 1988-08-04

Relies on 457 So. 2d 1114 - Motyka v. State · 475 So. 2d 1000 - Benedict v. State

Decided 1988-08-04

DAUKSCH, Judge.

¶1This is an appeal from a sentence. Appellant was convicted of leaving the scene of an accident involving injuries. § 316.027, Fla.Stat. (1983). The sentencing judge scored points on the sentencing guidelines scoresheet for victim injury. This was error because victim injury is not an element of the crime. Benedict v. State, 475 So.2d 1000 (Fla. 5th DCA 1985); Motyka v. State, 457 So.2d 1114 (Fla. 1st DCA 1984). The sentence is vacated and the cause remanded for resentencing.

¶2SENTENCE VACATED, REMANDED.

DANIEL, J., concurs.ORFINGER, J., dissents with opinion.
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