Jackson v. State

James Jackson appeals the sentence imposed by the trial court upon his conviction for battery on a law enforcement officer. He correctly contends that the trial court erred in assessing points for victim injury.1 Because victim injury is not an element of the offense, the trial court should not have assessed points for victim injury.2 We therefore vacate the sentence and remand for resentencing. See Northcut v. State, 493 So.2d 85 (Fla. 4th DCA 1986); Teehan v. State, 488 So.2d 132 (Fla. 3d DCA 1986); see also Larkins v. State, 476 So.2d 1383 (Fla. 1st DCA 1985).

VACATED AND REMANDED.. He does…