Legal Opinion

Lohret v. State

District Court of Appeal of Florida

Decided January 24, 1997No. 96-03657PublishedCited by 1 opinion

1Opinion of the Court

FRANK, Acting Chief Judge.

Michael J. Lohret has sought review of the partial summary denial of his motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 8.800(a). He alleges that the victim injury points appearing on his scoresheet should have been *883eliminated entirely pursuant to Karchesky v. State, 591 So.2d 930 (Fla.1992), and not merely reduced from 765 for serious injury to 180 for contact. We agree and, therefore, reverse and remand for resentencing.

Lohret’s offense predated the effective date of section 921.001(8), Florida Statutes (Supp.1992). Under…

2Cases cited3 opinions

  1. Karchesky v. StateSupreme Court of Florida · 1992
  2. Sprankle v. StateDistrict Court of Appeal of Florida · 1995
  3. Terrell v. StateDistrict Court of Appeal of Florida · 1996

3Cited by1 opinion

  1. Dickson v. StateDistrict Court of Appeal of Florida · 2002

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