Byrd v. State

WEBSTER, PETER D., Associate Judge.

Appellant, defendant below, was convicted of robbery and sentenced to thirty months in prison. He appeals only his sentence, arguing that the trial court erroneously added seven points for victim injury to the sentencing guidelines scoresheet. He contends that victim injury should not have been scored because it is not an element of the offense of robbery. He further contends that the error was harmful because addition of the seven points placed him in a higher presumptive sentencing category.

We agree with appellant that the trial court erroneously added…