Challenging Victim Injury Points at Resentencing Upon Revocation of Probation
In Spell v. State, 731 So. 2d 9 (Fla. 2d DCA 1999), the Second District held that a defendant has the right to challenge victim injury points at a resentencing upon revocation of probation even if the points were not challenged at the original sentencing. Id. at 10.
In so holding, the district court found Spell's case indistinguishable from Wright v. State, 707 So. 2d 385 (Fla. 2d DCA 1998), in which the Second District previously held that the defendant may object to victim injury points on the scoresheet used at the resentencing after revocation of probation, even if no objection was raised as to the original scoresheet.