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643 So. 2d 1143

Handy v. State

District Court of Appeal of Florida

Decided September 28, 1994

District Court of Appeal of Florida · decided 1994-09-28

Relies on 641 So. 2d 1356 - Audano v. State · 616 So. 2d 1158 - Crawford v. State

Decided 1994-09-28

PER CURIAM.

¶1Appellant challenges his sentence alleging several errors in the calculation of his scoresheet. Although errors were committed, we find that the recalculation will not change his sentence. We specifically reject his challenge to the victim injury points added to his sentence for slight injury, as the victim received a headache from the blow inflicted by appellant which lasted a significant period of time. We conclude that this constitutes physical trauma. Nowhere do the rules or statutes require such trauma to be externally visible. Cf. Audano v. State, 641 So.2d 1356, 1361 (Fla. 2d DCA 1994).

¶2We reverse, however, the imposition of 70 hours of community service as a condition of community control. This condition was not orally pronounced at sentencing. See Crawford v. State, 616 So.2d 1158 (Fla. 2d DCA 1993). The state concedes the error.

¶3Affirmed in part; reversed in part.

HERSEY, WARNER and KLEIN, JJ., concur.
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