Rubier v. State

We affirm appellant’s conviction of second-degree murder (of Caceres), attempted third-degree murder (of Perez), shooting into an occupied vehicle and displaying a firearm while committing a felony.

In computing appellant’s sentence for attempted third-degree murder, the trial judge included 21 points for the injury to Perez, which raised appellant’s guidelines sentence to the 17-22 years range. The guidelines in effect in January, 1986, the date of the offenses and thus applicable,1 provided: “Victim injury shall be scored if it is an element of any offenses at conviction.” (e.s.)2

The state…