Narrative Opinion Summary
The state acknowledges a legal error regarding the trial court's inclusion of victim injury points in the scoring of the robbery conviction, given that physical contact is not an element of the crime. Citing multiple precedents (Vaillant v. State, Byrd v. State, Vega v. State, Ritts v. State, and Wright v. State), the court reaffirms that victim injury cannot be scored in robbery cases as it is not a necessary element. As a result, the court vacates the sentence and remands the case for resentencing. The appellant's other argument is deemed without merit. The conviction is affirmed, but the sentence is vacated and sent back for resentencing.
Legal Issues Addressed
Affirmation of Conviction Despite Sentencing Errorsubscribe to see similar legal issues
Application: While the sentence was vacated due to a scoring error, the conviction itself was upheld as the appellant's other arguments were found to be without merit.
Reasoning: The appellant's other argument is deemed without merit. The conviction is affirmed, but the sentence is vacated and sent back for resentencing.
Precedent in Scoring for Robbery Offensessubscribe to see similar legal issues
Application: The decision relies on established precedents which hold that victim injury cannot be scored in robbery cases, confirming the misapplication of law in the original sentencing.
Reasoning: Citing multiple precedents (Vaillant v. State, Byrd v. State, Vega v. State, Ritts v. State, and Wright v. State), the court reaffirms that victim injury cannot be scored in robbery cases as it is not a necessary element.
Scoring of Victim Injury Points in Robbery Convictionssubscribe to see similar legal issues
Application: The court determined that victim injury points should not be included in the scoring for robbery convictions because physical contact is not a necessary element of the crime.
Reasoning: The state acknowledges a legal error regarding the trial court's inclusion of victim injury points in the scoring of the robbery conviction, given that physical contact is not an element of the crime.
Vacating and Remanding for Resentencingsubscribe to see similar legal issues
Application: Due to the improper inclusion of victim injury points, the court vacates the sentence and remands the case for resentencing to correct the error.
Reasoning: As a result, the court vacates the sentence and remands the case for resentencing.