Teehan v. State

The appellant was convicted of battery on a law enforcement officer. The trial judge increased the points under the guidelines and aggravated the sentence of the appellant to five years and thereby departed from the guidelines. His reasons for departure were punishment and deterrence.

We reverse and remand for resen-tencing. It was error to score additional points for victim injury when there was no evidence of same and it was not an essential element of the crime. Holloman v. State, 482 So.2d 431 (Fla. 5th DCA 1985); Inscore v. State, 480 So.2d 218, 219 (Fla. 5th DCA 1985); Whitfield v.…