# Brown v. State

> District Court of Appeal of Florida · March 24, 1995 · 652 So. 2d 488

URL: https://www.frixlaw.com/law-library/cases/1114184

## Case

- **Court:** District Court of Appeal of Florida
- **Decided:** March 24, 1995
- **Citations:** 652 So. 2d 488; 1995 WL 124687
- **Precedential status:** Published
- **Opinion:** Opinion
- **Judges:** Per Curiam
- **Cited by:** 5 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/1114184

## Opinion text

652 So.2d 488 (1995)
Kenneth C. BROWN, Appellant,
v.
STATE of Florida, Appellee.
No. 94-1726.
District Court of Appeal of Florida, Fifth District.
March 24, 1995.
James B. Gibson, Public Defender and S.C. Van Voorhees, Asst. Public Defender, Daytona Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee and Barbara Arlene Fink, Asst. Atty. Gen., Daytona Beach, for appellee.
PER CURIAM.
AFFIRMED. Scoring of victim injury is within the sound discretion of the trial court judge. See Fla.R.Crim.P. 3.701(d)(7), 3.702(d). In this case, the state presented uncontroverted evidence that the victim had been struck in the back of the neck with the barrel of a gun and then shot in the neck. The trial judge scored the injury as moderate rather than severe. Cf. Cardwell v. State, 525 So.2d 1025, 1026 (Fla. 5th DCA 1988) (trial judge appropriately scored victim's injury as severe where the victim was cut to the extent that he had a scar running from his cheekbone to his adam's apple); Vandeneynden v. State, 478 So.2d 429, 430 (Fla. 5th DCA 1985) (trial judge appropriately scored victim's injury as severe where the victim was shot directly in the chest by a shotgun at extremely close range). We find no error.
PETERSON, GRIFFIN and THOMPSON, JJ., concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/1114184. Public record. Not legal advice.