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544 So. 2d 282

544 So.2d 282

14 Fla.L.Weekly 1278

Patchin v. State

District Court of Appeal of Florida · decided 1989-05-24

Cited by 2 later decisions — most recently April 1994

2 state decisions

Relies on McDonald v. State · 539 So. 2d 586 - Whiddon v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1989-05-24

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PER CURIAM.

¶1This is an appeal from a sentence entered pursuant to a plea to attempted sexual battery and aggravated battery (among other charges). The trial court classified the victim injury on the scoresheet as “severe.”

¶2The defendant hit the victim in her eye. A few months prior to the attack a congenital defect in the eye had been corrected by surgery. Following this injury the eye required additional surgery. We find no abuse of discretion and affirm. Cf. Whiddon v. State, 539 So.2d 586 (Fla. 1st DCA 1989); McDonald v. State, 520 So.2d 668 (Fla. 1st DCA 1988).

¶3We note that the guideline scoring for sex offenses, unlike for other categories, leaves the trial court no option to score an injury as “moderate.” Trial courts are left to decide, ad hoc, whether to treat such an *283injury as either slight, where less than severe, or severe, where more than slight. We recommend that the Sentencing Guidelines Commission and the legislature consider modifying scoresheet # 2 accordingly.

¶4The state concedes that the trial court erred in ordering payment of restitution, fees and costs, as they were imposed without notice and were not in conformity with the announced sentence.

¶5The judgment is therefore reversed and remanded in order that the defendant may be resentenced as to restitution, fees and costs. In all other respects it is affirmed.

HERSEY, C.J., and STONE and WARNER, JJ., concur.
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