Legal Opinion

Seals v. State

District Court of Appeal of Florida

Decided April 10, 2001No. 1D00-2397Published

1Per curiam

Dewayne Seals, the appellant, appeals the summary denial of his rule 3.800(a) motion. He alleges that the trial court miscalculated his prior record and erroneously added 40 points for victim injury. As the record clearly shows that the appellant’s prior record was properly calculated, we affirm the denial of the appellant’s first claim. Karchesky v. State, 591 So.2d 930 (Fla.1992), cited by appellant, is not applicable because of subsequent legislative amendments to provide for victim injury points in sex offenses, regardless of whether there is evidence of any physical injury. See Mitchell…

2Cases cited5 opinions

  1. Heggs v. StateSupreme Court of Florida · 2000
  2. Karchesky v. StateSupreme Court of Florida · 1992
  3. Hummel v. StateDistrict Court of Appeal of Florida · 2001
  4. Mitchell v. StateDistrict Court of Appeal of Florida · 1994
  5. Howard v. StateDistrict Court of Appeal of Florida · 1998

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