Legal Opinion

Fudge v. State

District Court of Appeal of Florida

Decided July 27, 2001No. 5D00-3191PublishedCited by 4 opinions

1Opinion of the Court

SHARP, W., J.

Fudge appeals from his judgment and sentences for leaving the scene of an accident involving injury,1 driving with a suspended license2 and reckless driving.3 On appeal, Fudge argues that only felonies qualify as additional offenses under the sentencing guidelines and thus the trial court erred in using the reckless driving offense, a misdemeanor, as an additional offense to score victim injury points. We disagree and affirm.

Fudge is correct that the sentencing guidelines apply only to felonies, that is, misdemeanors cannot be scored as primary offenses at conviction. State v.…

2Cases cited4 opinions

  1. Armstrong v. StateSupreme Court of Florida · 1995
  2. Bordeaux v. StateDistrict Court of Appeal of Florida · 1985
  3. State Farm Mut. Auto. Ins. Co. v. LinkDistrict Court of Appeal of Florida · 1982
  4. State v. TroutmanSupreme Court of Florida · 1996

3Cited by4 opinions

  1. Champagne v. StateDistrict Court of Appeal of Florida · 2019
  2. Calhoun v. StateDistrict Court of Appeal of Florida · 2001
  3. Champagne v. StateDistrict Court of Appeal of Florida · 2019
  4. RENALDO CHAMPAGNE v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2019

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