Padilla v. State

ON MOTION FOR REHEARING

ROTHENBERG, Judge.

Upon consideration of the defendant’s motion for rehearing, we deny the motion. The defendant argues that the calculation of his sentencing guideline scoresheet violates Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), because it includes points for victim injury, which raised his sentence beyond the statutory maximum, and the victim injury finding was not submitted to a jury and proved beyond a reasonable doubt. Because the defendant did not raise this issue in his motion to correct illegal sentence below, nor in his…