01-3423 TILLMAN V. STATE

State: Florida

Court: Florida Southern District Court

Docket No: 3d01-3423

Case Date: 06/19/2002

Plaintiff: 01-3423 TILLMAN

Defendant: STATE

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IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JANUARY TERM, A.D. 2002

LANDON (GLADE) TILLMAN, Appellant, vs. THE STATE OF FLORIDA, Appellee.

** ** ** ** ** CASE NO. 3D01-3423 00-398

LOWER TRIBUNAL NO.

Opinion filed June 19, 2002. An Appeal from the Circuit Court for Monroe County, Luis M. Garcia, Judge. Bennett H. Brummer, Public Defender, and Robert Godfrey, Assistant Public Defender, for appellant. Robert A. Butterworth, Attorney General, and Thomas C. Mielke, Assistant Attorney General, for appellee. Before GERSTEN, GODERICH, and RAMIREZ, JJ. PER CURIAM. Affirmed. The scoring of victim injury is within the sound See Kelly v. State, 701 So. 2d

discretion of the trial court. 1253 (Fla. 5th DCA 1997).

While drawing the line between slight

and moderate injuries is not an easy task, see Poole v. State, 753

So. 2d 698, 698-99 (Fla. 4th DCA 2000), we find no abuse of discretion in the trial court's finding that the injury was moderate in this case. The injured detective had to be on light

duty for three months, wear an ankle brace, and regularly attend physical therapy and doctors appointments. Unlike Poole, where the officers suffered only "tiny knicks," the injury in our case was more than "slight."

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