Grandison v. State, 506 So. 2d 74

PER CURIAM.

Grandison appeals his sentence following his conviction for robbery without a weapon, forgery and uttering a forgery.¹ We vacate the sentence because the trial court failed to provide written reasons for imposing adult sanctions pursuant to section 39.111(6)(d), Florida Statutes (1985); State v. Rhoden, 448 So.2d 1013 (Fla. 1984); Posey v. State, 501 So.2d 192 (Fla. 5th DCA 1987); Johnson v. State, 477 So.2d 56 (Fla. 5th DCA 1985), review denied, 486 So.2d 596 (Fla. 1986).

Upon remand, the trial court should consider a properly calculated scoresheet. Victim injury cannot be scored because it is not an element of robbery,² however, the trial court may consider victim injury as a clear and convincing reason for departure. Vega v. State, 498 So.2d 1294 (Fla. 5th DCA 1986).³

SENTENCE VACATED; REMANDED FOR RESENTENCING.

ORFINGER, SHARP and COWART, JJ., concur.

Notes

1

§§ 812.13(2)(c), 831.01, 831.02, Fla. Stat. (1985).

2

Fla.R.Crim.P. 3.701(d)(7).

3

See also Byrd v. State, 503 So.2d 434 (Fla. 4th DCA 1987); Ritts v. State, 491 So.2d 1252 (Fla. 2d DCA 1986).

Case Details

Case Name: Grandison v. State

Court Name: District Court of Appeal of Florida

Date Published: Apr 30, 1987

Citations: 506 So. 2d 74; 12 Fla. L. Weekly 1129; 86-1571

Docket Number: 86-1571

Court Abbreviation: Fla. Dist. Ct. App.