State v. Barber

The State appeals Barber’s sentence for DUI-serious bodily injury which omitted victim injury points. Barber filed a cross-appeal challenging her judgment and sentence. Her attorney filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct 1396, 18 L.Ed.2d 493 (1967).1 We reverse and remand for resentencing.

In Wendt v. State, 711 So.2d 1166 (Fla. 2d DCA 1998), this court receded from Thornton v. State, 683 So.2d 515 (Fla. 2d DCA 1996), and held that victim injury points were properly assessed on a defendant’s score-sheet during sentencing for DUI-manslaughter and DUI-serious…