Mincey v. State

DOWNEY, Judge.

The primary contention in this appeal is that the trial judge improperly scored certain factors in arriving at appellant’s sentence.

Appellant pleaded nolo contendere to three counts: resisting arrest with violence, battery on a law enforcement officer, and criminal mischief. At the sentencing hearing, the trial court scored 12 points for slight victim injury, which aggravated appellant’s sentence one cell in the recommended guidelines range. Appellant contends that this was error because the record does not support the trial court’s finding of victim injury.

The factual…