Patchin v. State

This is an appeal from a sentence entered pursuant to a plea to attempted sexual battery and aggravated battery (among other charges). The trial court classified the victim injury on the scoresheet as “severe.”

The defendant hit the victim in her eye. A few months prior to the attack a congenital defect in the eye had been corrected by surgery. Following this injury the eye required additional surgery. We find no abuse of discretion and affirm. Cf. Whiddon v. State, 539 So.2d 586 (Fla. 1st DCA 1989); McDonald v. State, 520 So.2d 668 (Fla. 1st DCA 1988).

We note that the guideline scoring for…