Florida Rule of Criminal Procedure 3.988 - SENTENCING GUIDELINES | Syfert Law

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Florida Rule of Criminal Procedure 3.988

RULE 3.988. SENTENCING GUIDELINES

Editor’s Note: Originally proposed by Sentencing Guidelines
Commission and adopted by Supreme Court September 8, 1983
(439 So. 2d 848). For amendments see 451 So. 2d 824, 468 So.
2d 220, 482 So. 2d 311, 487 So. 2d 1045, 491 So. 2d 1128,
509 So. 2d 1088, 522 So. 2d 374, 544 So. 2d 198, 566 So. 2d
770, 576 So. 2d 1307, 589 So. 2d 271, 613 So. 2d 1307, and
628 So. 2d 1084.

Available on this web page:
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9485256709006A561C/E1A89A0DC5248D1785256B2F006CCCEE
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Cases Citing Rule 3.988

Total Results: 158

Trapp v. State

760 So. 2d 924, 2000 WL 702392

Supreme Court of Florida | Filed: Jun 1, 2000 | Docket: 428644

Cited 91 times | Published

sentencing guidelines scoresheet set forth in rule 3.988(j) of the Florida Rules of Criminal Procedure

Category: Criminal Procedure

Burdick v. State

594 So. 2d 267, 1992 WL 18563

Supreme Court of Florida | Filed: Feb 6, 1992 | Docket: 1485882

Cited 91 times | Published

punished in one of two ways."); but see Fla. R.Crim.P. 3.988(e) (listing "1st pbl" as a separate felony

Category: Criminal Procedure

Karchesky v. State

591 So. 2d 930, 1992 WL 4876

Supreme Court of Florida | Filed: Jan 16, 1992 | Docket: 1528116

Cited 76 times | Published

"Slight," "Moderate," and "Death or severe." Fla.R.Crim.P. 3.988(a), (c)-(i). The greater the injury, the

Category: Criminal Procedure

Smith v. State

537 So. 2d 982, 1989 WL 3704

Supreme Court of Florida | Filed: Jan 5, 1989 | Docket: 426772

Cited 53 times | Published

following language: Section 1. Rule 3.701 and Rule 3.988, Florida Rules of Criminal Procedure, as revised

Category: Criminal Procedure

Carter v. State

452 So. 2d 953

District Court of Appeal of Florida | Filed: Jun 7, 1984 | Docket: 1517721

Cited 40 times | Published

appellant was being sentenced was committed. Fla.R.Crim.P. 3.988(d)(IV). But, Carter was not under any legal

Category: Criminal Procedure

Smith v. State

454 So. 2d 90

District Court of Appeal of Florida | Filed: Aug 24, 1984 | Docket: 1508396

Cited 39 times | Published

the guidelines. § 921.001, Fla. Stat. (1983). Rule 3.988 does not provide a means of scoring a capital

Category: Criminal Procedure

Garcia v. State

454 So. 2d 714

District Court of Appeal of Florida | Filed: Aug 14, 1984 | Docket: 444553

Cited 32 times | Published

probation was not under "legal restraint" under Rule 3.988(d)IV, so as to justify adding points to his score

Category: Criminal Procedure

Hendrix v. State

455 So. 2d 449

District Court of Appeal of Florida | Filed: Aug 2, 1984 | Docket: 1692607

Cited 26 times | Published

452 So.2d 953 (Fla. 5th DCA 1984). [1] Fla.R.Crim.P. 3.988. [2] As correctly pointed out by the majority

Category: Criminal Procedure

Sellers v. State

578 So. 2d 339, 1991 WL 46861

District Court of Appeal of Florida | Filed: Apr 3, 1991 | Docket: 440909

Cited 25 times | Published

primary offense of dealing in stolen property, rule 3.988(f), Florida Rules of Criminal Procedure, was

Category: Criminal Procedure

Parole Com'n v. Cooper

701 So. 2d 543, 22 Fla. L. Weekly Supp. 582, 1997 Fla. LEXIS 1456, 1997 WL 589297

Supreme Court of Florida | Filed: Sep 25, 1997 | Docket: 1736766

Cited 22 times | Published

category 3, or category 4 of Rule 3.701 and Rule 3.988, Florida Rules of Criminal Procedure, and who

Category: Criminal Procedure

Lomont v. State

506 So. 2d 1141, 12 Fla. L. Weekly 1205

District Court of Appeal of Florida | Filed: May 8, 1987 | Docket: 1336134

Cited 21 times | Published

points under the Category 5 "multiplier." See Fla.R. Crim.P. 3.988(e). In his motion, Lomont now claims that

Category: Criminal Procedure

Baker v. State

466 So. 2d 1144, 10 Fla. L. Weekly 852

District Court of Appeal of Florida | Filed: Mar 26, 1985 | Docket: 438577

Cited 21 times | Published

recommended twelve-to-seventeen-year range. See Fla.R. Crim.P. 3.988(a).

Category: Criminal Procedure

Cook v. State

645 So. 2d 436, 1994 WL 656609

Supreme Court of Florida | Filed: Nov 23, 1994 | Docket: 1168936

Cited 20 times | Published

range of four and a half to nine years. Fla.R.Crim.P. 3.988(f). [2] As to the Florida charges, Cook

Category: Criminal Procedure

Morris v. State

605 So. 2d 511, 1992 WL 213150

District Court of Appeal of Florida | Filed: Sep 4, 1992 | Docket: 1702355

Cited 20 times | Published

offenders — the so-called "category 2 offenses." Fla. R.Crim.P. 3.988(b). As noted by former Chief Justice Shaw

Category: Criminal Procedure

Burke v. State

456 So. 2d 1245

District Court of Appeal of Florida | Filed: Sep 20, 1984 | Docket: 1731997

Cited 20 times | Published

NOTES [1] Fla.R.Crim.P. 3.701 c. [2] Fla.R.Crim.P. 3.988(c). [1] Fla.R.Crim.P. 3.701(b).

Category: Criminal Procedure

State v. Watts

558 So. 2d 994, 1990 WL 29523

Supreme Court of Florida | Filed: Mar 15, 1990 | Docket: 1726285

Cited 19 times | Published

five-cell upward departure for Smith. See Fla.R.Crim.P. 3.988(c). Watts and Smith appealed. The Second

Category: Criminal Procedure

Puffinberger v. State

581 So. 2d 897, 1991 WL 94292

Supreme Court of Florida | Filed: Jun 6, 1991 | Docket: 1683940

Cited 18 times | Published

four-and-a-half-to-nine-years permitted range. Fla.R.Crim.P. 3.988(d). However, relying on this Court's decision

Category: Criminal Procedure

Jean v. State

455 So. 2d 1083

District Court of Appeal of Florida | Filed: Sep 12, 1984 | Docket: 1316519

Cited 18 times | Published

range of "any non-state prison sanction." Fla.R.Crim.P. 3.988(g). However, the trial judge chose to depart

Category: Criminal Procedure

Stephney v. State

564 So. 2d 1246, 1990 WL 111971

District Court of Appeal of Florida | Filed: Aug 7, 1990 | Docket: 1294259

Cited 17 times | Published

defendant scored on the guidelines score sheet. Fla.R.Crim.P. 3.988(g). A review of the transcript in this case

Category: Criminal Procedure

Lindsey v. State

453 So. 2d 485

District Court of Appeal of Florida | Filed: Aug 1, 1984 | Docket: 1651394

Cited 16 times | Published

sentencing scoresheet from Category VII (drugs), rule 3.988(g), whereas he should have used the scoresheet

Category: Criminal Procedure

Andrews v. Florida Parole Com'n

768 So. 2d 1257, 2000 WL 1530915

District Court of Appeal of Florida | Filed: Oct 18, 2000 | Docket: 1525510

Cited 15 times | Published

category 3, or category 4 of Rule 3.701 and Rule 3.988, Florida Rules of Criminal Procedure (1993),

Category: Criminal Procedure

Rivera v. Singletary

707 So. 2d 326, 1998 WL 65396

Supreme Court of Florida | Filed: Feb 19, 1998 | Docket: 1259659

Cited 15 times | Published

category 3, or category 4 of Rule 3.701 and Rule 3.988, Florida Rules of Criminal Procedure, and who

Category: Criminal Procedure

Lincoln v. FLORIDA PAROLE COM'N

643 So. 2d 668, 1994 Fla. App. LEXIS 9784, 1994 WL 549483

District Court of Appeal of Florida | Filed: Oct 11, 1994 | Docket: 1493202

Cited 15 times | Published

category 3, or category 4 of Rule 3.701 and Rule 3.988, Florida Rules of Criminal Procedure, and who

Category: Criminal Procedure

Bunney v. State

603 So. 2d 1270, 1992 WL 148239

Supreme Court of Florida | Filed: Jul 2, 1992 | Docket: 1475775

Cited 15 times | Published

calculating sentences for noncapital felonies. See Fla.R.Crim.P. 3.988(a)-(i). The majority reasons that because

Category: Criminal Procedure

Martinez v. State

692 So. 2d 199, 1997 WL 30812

District Court of Appeal of Florida | Filed: Apr 23, 1997 | Docket: 436342

Cited 14 times | Published

primary and additional offenses at conviction. Fla. R.Crim.P. 3.988 (1992). The Thornton decision does not discuss

Category: Criminal Procedure

Davis v. State

455 So. 2d 602

District Court of Appeal of Florida | Filed: Sep 6, 1984 | Docket: 1692760

Cited 14 times | Published

of 30 months to three-and-a-half years. Fla.R.Crim.P. 3.988(c). The state requested that the trial court

Category: Criminal Procedure

State v. Williams

667 So. 2d 191, 1996 WL 26547

Supreme Court of Florida | Filed: Jan 25, 1996 | Docket: 156577

Cited 13 times | Published

a departure from the guidelines. The note to rule 3.988(g), Florida Rules of Criminal Procedure, provides:

Category: Criminal Procedure

Betancourt v. State

804 So. 2d 313, 2001 WL 1585050

Supreme Court of Florida | Filed: Dec 13, 2001 | Docket: 1334446

Cited 12 times | Published

range of seventeen to forty years. See Fla. R.Crim. P. 3.988(a). The trial court then resentenced Betancourt

Category: Criminal Procedure

Flowers v. State

567 So. 2d 1055, 1990 WL 150220

District Court of Appeal of Florida | Filed: Oct 11, 1990 | Docket: 1381015

Cited 12 times | Published

as shown in the amended form: Rule 3.988(g) Category 7: Drugs IV. Legal Status

Category: Criminal Procedure

Singleton v. State

554 So. 2d 1162, 1990 WL 888

Supreme Court of Florida | Filed: Jan 4, 1990 | Docket: 1319321

Cited 12 times | Published

988(a)-(i) and were adopted by section 921.0015. Rule 3.988(e) prescribes three sentencing options — "any

Category: Criminal Procedure

Merchant v. State

509 So. 2d 1101, 12 Fla. L. Weekly 374

Supreme Court of Florida | Filed: Jul 9, 1987 | Docket: 1361911

Cited 11 times | Published

range of 5 1/2-7 years incarceration. See Fla.R.Crim.P. 3.988. Thus, this error satisfies the second component

Category: Criminal Procedure

Deason v. Florida Dept. of Corrections

705 So. 2d 1374, 1998 WL 10312

Supreme Court of Florida | Filed: Jan 15, 1998 | Docket: 1578650

Cited 10 times | Published

category 3, or category 4 of rule 3.701 and Rule 3.988, Florida Rules of Criminal Procedure, and who

Category: Criminal Procedure

Denson v. State

556 So. 2d 823, 1990 WL 14887

District Court of Appeal of Florida | Filed: Feb 15, 1990 | Docket: 543011

Cited 9 times | Published

That section reads: Section 2. Rule 3.701 and Rule 3.988(a), (b), (c), (d), (f), (g), (h), and (i), Florida

Category: Criminal Procedure

Anderson v. State

865 So. 2d 640, 2004 WL 256978

District Court of Appeal of Florida | Filed: Feb 13, 2004 | Docket: 1231690

Cited 8 times | Published

So.2d 339 (Fla. 1st DCA 1991); see also Fla. R.Crim. P. 3.988(c). Because most cells contained a range

Category: Criminal Procedure

Norman v. State

468 So. 2d 1063, 10 Fla. L. Weekly 1190

District Court of Appeal of Florida | Filed: May 14, 1985 | Docket: 1725456

Cited 8 times | Published

cells, this equals or exceeds 12 months. See Rule 3.988(a)-(i), Fla.R. Cr.P. Because there are no parole

Category: Criminal Procedure

Echols v. State

660 So. 2d 782, 1995 WL 552361

District Court of Appeal of Florida | Filed: Sep 20, 1995 | Docket: 1637073

Cited 7 times | Published

In this instance, the trial court, utilizing rule 3.988(b) entitled "Category 2: Sexual Offenses," improperly

Category: Criminal Procedure

Vileta v. State

454 So. 2d 792

District Court of Appeal of Florida | Filed: Aug 31, 1984 | Docket: 444315

Cited 7 times | Published

or life felonies, but nothing in between, see rule 3.988(e), the offense should have been scored as a

Category: Criminal Procedure

Perry v. State

858 So. 2d 1270, 2003 WL 22715069

District Court of Appeal of Florida | Filed: Nov 19, 2003 | Docket: 1513520

Cited 6 times | Published

the two aggravated battery offenses. See Fla. R.Crim. P. 3.988(e). Not only will correction of the appellant's

Category: Criminal Procedure

State v. Peterson

667 So. 2d 199, 1996 WL 37647

Supreme Court of Florida | Filed: Feb 1, 1996 | Docket: 308566

Cited 6 times | Published

permitted sentence of twelve years. See Fla.R.Crim.P. 3.988(g). Neither side objected *200 to this score

Category: Criminal Procedure

Jones v. State

610 So. 2d 105, 1992 WL 379816

District Court of Appeal of Florida | Filed: Dec 22, 1992 | Docket: 1413582

Cited 6 times | Published

by Category 4: Violent Personal Crimes. Fla.R.Crim.P. 3.988(d). The State argues that aggravated child

Category: Criminal Procedure

Collins v. State

596 So. 2d 1209, 1992 WL 69040

District Court of Appeal of Florida | Filed: Apr 8, 1992 | Docket: 1707409

Cited 6 times | Published

range of any nonstate prison sanction. See Fla.R.Crim.P. 3.988(g). The next higher cell carried a recommended

Category: Criminal Procedure

Collins v. State

596 So. 2d 1209, 1992 WL 69040

District Court of Appeal of Florida | Filed: Apr 8, 1992 | Docket: 1707409

Cited 6 times | Published

range of any nonstate prison sanction. See Fla.R.Crim.P. 3.988(g). The next higher cell carried a recommended

Category: Criminal Procedure

Lawrence v. State

590 So. 2d 1068, 1991 WL 268560

District Court of Appeal of Florida | Filed: Dec 19, 1991 | Docket: 2547701

Cited 5 times | Published

30 points for the burglary offenses. See Fla.R.Crim.P. 3.988(b). The subtraction of the excess 23 points

Category: Criminal Procedure

Clark v. State

572 So. 2d 929, 15 Fla. L. Weekly Fed. D 2794

District Court of Appeal of Florida | Filed: Nov 15, 1990 | Docket: 132361

Cited 5 times | Published

without giving reasons for his "departure." Fla.R.Crim.P. 3.988. The reasons for the departure sentence were:

Category: Criminal Procedure

Tillman v. State

555 So. 2d 940, 1990 WL 2407

District Court of Appeal of Florida | Filed: Jan 18, 1990 | Docket: 1396892

Cited 5 times | Published

amended to include a "Permitted Range." Fla.R.Crim.P. 3.988(4). See Florida Rules of Criminal Procedure

Category: Criminal Procedure

Pugh v. State

463 So. 2d 582, 10 Fla. L. Weekly 442

District Court of Appeal of Florida | Filed: Feb 19, 1985 | Docket: 449031

Cited 5 times | Published

no such provision. In fact, we would note that Rule 3.988, Fla.R.Crim.P., has been recently amended to

Category: Criminal Procedure

McCalister v. State

664 So. 2d 1149, 1995 WL 749903

District Court of Appeal of Florida | Filed: Dec 20, 1995 | Docket: 165738

Cited 4 times | Published

for "penetration or slight injury." See Fla. R.Crim.P. 3.988(b). The defendant received consecutive sentences

Category: Criminal Procedure

Westlund v. Florida Parole Commission

637 So. 2d 52, 1994 WL 182256

District Court of Appeal of Florida | Filed: May 13, 1994 | Docket: 1521467

Cited 4 times | Published

category 3, or category 4 of Rule 3.701 and Rule 3.988, Florida Rules of Criminal Procedure, and who

Category: Criminal Procedure

Parker v. State

636 So. 2d 794, 1994 WL 159861

District Court of Appeal of Florida | Filed: May 3, 1994 | Docket: 1361650

Cited 4 times | Published

serving sixty days in the county jail. See Fla. R.Crim.P. 3.988(j). The stacking of probation and community

Category: Criminal Procedure

Holloman v. State

600 So. 2d 522, 1992 WL 126566

District Court of Appeal of Florida | Filed: Jun 12, 1992 | Docket: 1527875

Cited 4 times | Published

one-half to five and one-half years. See Fla.R.Crim.P. 3.988(e). In Case No. 91-2457 appellant was again

Category: Criminal Procedure

Roberson v. State

555 So. 2d 976, 1990 WL 5852

District Court of Appeal of Florida | Filed: Jan 26, 1990 | Docket: 1724716

Cited 4 times | Published

six weeks after the effective date of amended rule 3.988(e), which allowed the trial court to sentence

Category: Criminal Procedure

Neely v. State

453 So. 2d 129

District Court of Appeal of Florida | Filed: Jul 12, 1984 | Docket: 2517829

Cited 4 times | Published

Neely was any non-state prison sanction. Fla.R.Crim.P. 3.988(h). The four year term exceeded the next

Category: Criminal Procedure

Stubbs v. State

951 So. 2d 910, 2007 WL 428926

District Court of Appeal of Florida | Filed: Feb 9, 2007 | Docket: 2562094

Cited 3 times | Published

years instead of twenty-two years, see Fla. R.Crim. P. 3.988(c). Therefore, the error asserted by Stubbs

Category: Criminal Procedure

Lee v. State

677 So. 2d 41, 1996 WL 378319

District Court of Appeal of Florida | Filed: Jul 9, 1996 | Docket: 1690001

Cited 3 times | Published

control or 1-3 1/2 years incarceration." Fla. R.Crim. P. 3.988(d) (1991). Citing State v. Davis, 630 So

Category: Criminal Procedure

Hause v. State

643 So. 2d 679, 1994 WL 551480

District Court of Appeal of Florida | Filed: Oct 12, 1994 | Docket: 1493151

Cited 3 times | Published

Under the presumptive guidelines set forth in rule 3.988(e), Florida Rules of Criminal Procedure, the

Category: Criminal Procedure

Regueiro v. State

619 So. 2d 463, 1993 WL 191991

District Court of Appeal of Florida | Filed: Jun 9, 1993 | Docket: 1382330

Cited 3 times | Published

points on the guidelines' scoresheet. See Fla.R.Crim.P. 3.988(a). The seventeen-year term does not exceed

Category: Criminal Procedure

Hayles v. State

596 So. 2d 1236, 1992 WL 74904

District Court of Appeal of Florida | Filed: Apr 13, 1992 | Docket: 1358718

Cited 3 times | Published

court utilized a category 1 scoresheet. Fla.R.Crim.P. 3.988(a). Appellant, relying upon Tarawneh v. State

Category: Criminal Procedure

Lipscomb v. State

573 So. 2d 429, 1991 WL 10697

District Court of Appeal of Florida | Filed: Jan 31, 1991 | Docket: 1518859

Cited 3 times | Published

departure sentence which he appeals. On Lipscomb's Rule 3.988(f), Category 6 (theft) guidelines scoresheet

Category: Criminal Procedure

Gordon v. State

454 So. 2d 657

District Court of Appeal of Florida | Filed: Jul 19, 1984 | Docket: 2575932

Cited 3 times | Published

D. UPCHURCH, Jr., J., concur. NOTES [1] Fla.R.Crim.P. 3.988(f). The committee note to Florida Rule of

Category: Criminal Procedure

FREEMAN-JEW v. State

18 So. 3d 1254, 2009 Fla. App. LEXIS 15524, 2009 WL 3270851

District Court of Appeal of Florida | Filed: Oct 14, 2009 | Docket: 1178488

Cited 2 times | Published

range of nine to twenty-two years. See Fla. R.Crim. P. 3.988(f). The court imposed a fifteen-year prison

Category: Criminal Procedure

Russell v. State

782 So. 2d 992, 2001 WL 388065

District Court of Appeal of Florida | Filed: Apr 18, 2001 | Docket: 2576881

Cited 2 times | Published

total forty-six points on the scoresheet. Fla.R.Crim.P. 3.988(j)III. The number of points included for

Category: Criminal Procedure

Peterson v. State

651 So. 2d 781, 1995 WL 92224

District Court of Appeal of Florida | Filed: Mar 8, 1995 | Docket: 476336

Cited 2 times | Published

in the assessment of thirty points. See Fla.R.Crim.P. 3.988(g). Without these thirty points, appellant's

Category: Criminal Procedure

Wick v. State

651 So. 2d 765, 1995 WL 91851

District Court of Appeal of Florida | Filed: Mar 8, 1995 | Docket: 476426

Cited 2 times | Published

§ 921.0015, Fla. Stat. (1993) (adopting Fla.R.Crim.P. 3.988). Florida Rule of Criminal Procedure 3.701(d)(11)

Category: Criminal Procedure

Galletti v. State

646 So. 2d 829, 1994 WL 695509

District Court of Appeal of Florida | Filed: Dec 14, 1994 | Docket: 1405203

Cited 2 times | Published

incarceration not to exceed 22 months." See Fla.R.Crim.P. 3.988(i). The state concedes that the trial court

Category: Criminal Procedure

Carson v. State

635 So. 2d 1007, 1994 WL 140752

District Court of Appeal of Florida | Filed: Apr 22, 1994 | Docket: 1353440

Cited 2 times | Published

each violation of community control. See Fla.R.Crim.P. 3.988(d)(14). Consequently, Carson's sentencing

Category: Criminal Procedure

Browning v. State

625 So. 2d 960, 1993 WL 424188

District Court of Appeal of Florida | Filed: Oct 22, 1993 | Docket: 474293

Cited 2 times | Published

up to three and one-half years in prison. Fla.R.Crim. P. 3.988(d). The trial court departed from the permitted

Category: Criminal Procedure

Davis v. State

606 So. 2d 470, 1992 WL 280386

District Court of Appeal of Florida | Filed: Oct 14, 1992 | Docket: 136359

Cited 2 times | Published

State, 582 So.2d 823 (Fla. 2d DCA 1991); Fla.R.Crim.P. 3.988(f) (Category 6). A violation of community

Category: Criminal Procedure

Daniels v. State

591 So. 2d 1103, 1992 WL 252

District Court of Appeal of Florida | Filed: Jan 3, 1992 | Docket: 2562540

Cited 2 times | Published

control or 1-4 1/2 years incarceration. See Fla. R.Crim.P. 3.988(e). Since Daniels was adjudicated an habitual

Category: Criminal Procedure

Hayward v. State

590 So. 2d 976, 1991 WL 248613

District Court of Appeal of Florida | Filed: Nov 29, 1991 | Docket: 1512646

Cited 2 times | Published

range of 4 1/2 to 9 years incarceration. Fla.R.Crim.P. 3.988 (Category 4). We cannot agree, however, that

Category: Criminal Procedure

McCaskell v. State

542 So. 2d 461, 1989 WL 43794

District Court of Appeal of Florida | Filed: May 4, 1989 | Docket: 468837

Cited 2 times | Published

cell is from 12 to 30 months incarceration. Fla.R. Crim.P. 3.988. Since the total sentence imposed by the

Category: Criminal Procedure

Rowe v. State

523 So. 2d 620, 1988 WL 13722

District Court of Appeal of Florida | Filed: Mar 30, 1988 | Docket: 1517210

Cited 2 times | Published

084, Fla. Stat. (1985). [2] Fla.R.Crim.P. 3.988(c). [3] Fla.R.Crim.P. 3.988(f). [1a] § 775.084, Fla.

Category: Criminal Procedure

State v. Hopkins

520 So. 2d 301, 1988 WL 6047

District Court of Appeal of Florida | Filed: Feb 2, 1988 | Docket: 1300660

Cited 2 times | Published

"Community Control or 12-30 mos. incarceration." Fla. R.Crim.P. 3.988(g) (category 7). On the theory that any

Category: Criminal Procedure

Mestas v. State

484 So. 2d 612

District Court of Appeal of Florida | Filed: Mar 14, 1986 | Docket: 1344225

Cited 2 times | Published

recommendation of *613 any non-state prison sanction. Fla.R. Crim.P. 3.988(f). At the sentencing hearing, the court

Category: Criminal Procedure

Williams v. State

479 So. 2d 861, 11 Fla. L. Weekly 23

District Court of Appeal of Florida | Filed: Dec 18, 1985 | Docket: 463534

Cited 2 times | Published

defendant was 12 to 30 months incarceration; Rule 3.988(e), Florida Rules of Criminal Procedure. However

Category: Criminal Procedure

Huffman v. State

192 So. 3d 687, 2016 WL 3127430, 2016 Fla. App. LEXIS 8478

District Court of Appeal of Florida | Filed: Jun 3, 2016 | Docket: 3069707

Cited 1 times | Published

years’ imprisonment. 2 See Fla. R.Crim. P. 3.988(b). “Under the original sentencing guidelines

Category: Criminal Procedure

Speights v. State

102 So. 3d 671, 2012 Fla. App. LEXIS 18037, 2012 WL 4900827

District Court of Appeal of Florida | Filed: Oct 17, 2012 | Docket: 60226743

Cited 1 times | Published

Two scoresheet for sexual offenses. See Fla. R. Crim. P. 3.988(b). The Category Two scoresheet allows

Category: Criminal Procedure

Hill v. State

805 So. 2d 61, 2002 WL 54509

District Court of Appeal of Florida | Filed: Jan 16, 2002 | Docket: 1669469

Cited 1 times | Published

range would be twenty-seven years. See Fla. R.Crim. P. 3.988(b). Thus, his present twenty-seven-year

Category: Criminal Procedure

Rendon v. State

690 So. 2d 645, 1997 WL 106568

District Court of Appeal of Florida | Filed: Mar 12, 1997 | Docket: 436585

Cited 1 times | Published

misdemeanors. See § 921.0012, Fla.Stat. (1995); Fla.R.Crim.P. 3.988. We note that if the crime of obstruction

Category: Criminal Procedure

Gainer v. State

671 So. 2d 240, 1996 WL 160795

District Court of Appeal of Florida | Filed: Apr 9, 1996 | Docket: 1671999

Cited 1 times | Published

guidelines for use on December 20, 1991. Fla.R.Crim.P. 3.988(g). The concurrent nine-year sentences imposed

Category: Criminal Procedure

Brown v. State

632 So. 2d 1052, 1994 WL 3462

District Court of Appeal of Florida | Filed: Jan 7, 1994 | Docket: 371363

Cited 1 times | Published

Karchesky v. State, 591 So.2d 930 (Fla. 1992); Fla. R.Crim.P. 3.988(b). The correct points to be assessed are

Category: Criminal Procedure

Roth v. State

601 So. 2d 613, 1992 WL 138995

District Court of Appeal of Florida | Filed: Jun 23, 1992 | Docket: 1710970

Cited 1 times | Published

entitled "Category 1: Murder, Manslaughter." Fla. R.Crim.P. 3.988(a). The Committee Notes to Rule 3.701 state

Category: Criminal Procedure

O'KEEFE v. State

595 So. 2d 291, 1992 WL 51090

District Court of Appeal of Florida | Filed: Mar 20, 1992 | Docket: 2586839

Cited 1 times | Published

1988, the effective date of the amendment to Rule 3.988 of the Florida Rules of Criminal Procedure establishing

Category: Criminal Procedure

Simmons v. State

506 So. 2d 101, 12 Fla. L. Weekly 1193

District Court of Appeal of Florida | Filed: May 7, 1987 | Docket: 1336550

Cited 1 times | Published

an element of the offense charged). [6] Fla.R.Crim.P. 3.988. [7] Fla.R.Crim.P. 3.701(d)(14).

Category: Criminal Procedure

Brown v. State

488 So. 2d 641, 11 Fla. L. Weekly 1159

District Court of Appeal of Florida | Filed: May 14, 1986 | Docket: 1685533

Cited 1 times | Published

to four and one-half years' imprisonment. Fla.R.Crim.P. 3.988(b). The court departed from the guidelines

Category: Criminal Procedure

Hockman v. State

465 So. 2d 619, 10 Fla. L. Weekly 750

District Court of Appeal of Florida | Filed: Mar 20, 1985 | Docket: 1694963

Cited 1 times | Published

assuming she had no prior convictions. Fla.R.Crim.P. 3.988(f). However, because the record does not

Category: Criminal Procedure

Russell v. State

458 So. 2d 422

District Court of Appeal of Florida | Filed: Nov 9, 1984 | Docket: 1453000

Cited 1 times | Published

additional offenses and for prior record. Fla.R.Crim.P. 3.988.[1] Therefore, although defendant was being

Category: Criminal Procedure

Baptiste v. State of Florida

District Court of Appeal of Florida | Filed: May 14, 2025 | Docket: 70260113

Published

1998) (abandoning the sentencing guidelines under rule 3.988 and adopting the CPC). Baptiste was convicted

Category: Criminal Procedure

Daron Lavon Huston v. State of Florida

District Court of Appeal of Florida | Filed: Feb 21, 2024 | Docket: 68268134

Published

range from life to 40 years in prison. Fla. R. Crim. P. 3.988. Contrary to the State’s argument,

Category: Criminal Procedure

TAVARIS JAMAL EVANS v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jul 29, 2020 | Docket: 17391433

Published

category 3, or category 4 of Rule 3.701 and Rule 3.988, Florida Rules of Criminal Procedure (1993)

Category: Criminal Procedure

DAVID WEEKS v. STATE OF FLORIDA

240 So. 3d 101

District Court of Appeal of Florida | Filed: Feb 23, 2018 | Docket: 6314405

Published

his offenses in 1986, and the 1986 version of rule 3.988 confirms Mr. Weeks' assertion that 518 points

Category: Criminal Procedure

Corley v. State

44 So. 3d 109, 2009 Fla. App. LEXIS 9615, 2009 WL 2031177

District Court of Appeal of Florida | Filed: Jul 15, 2009 | Docket: 60295546

Published

between one and four-and-a-half years. See Fla. R.Crim. P. 3.988(b) (1989). In addition, the sentencing rules

Category: Criminal Procedure

Ledesma v. State

958 So. 2d 477, 2007 Fla. App. LEXIS 7488, 2007 WL 1427472

District Court of Appeal of Florida | Filed: May 16, 2007 | Docket: 64851015

Published

for calculating a total for this section. Fla. R.Crim. P. 3.988(i). The face of the scoresheet also indicates

Category: Criminal Procedure

Spearing v. State

947 So. 2d 1235, 2007 Fla. App. LEXIS 989, 2007 WL 216318

District Court of Appeal of Florida | Filed: Jan 30, 2007 | Docket: 64848785

Published

1992); § 777.04(4)(c), Fla. Stat. (1991); Fla. R.Crim. P. 3.988(a). Appellant acknowledges the trial court

Category: Criminal Procedure

Martin v. State

876 So. 2d 1256, 2004 Fla. App. LEXIS 9928, 2004 WL 1496649

District Court of Appeal of Florida | Filed: Jul 7, 2004 | Docket: 64831656

Published

This court stated that the grid provided in rule 3.988(c) “clearly anticipated multiple counts of the

Category: Criminal Procedure

Neira v. State

847 So. 2d 1134, 2003 Fla. App. LEXIS 9385, 2003 WL 21459245

District Court of Appeal of Florida | Filed: Jun 25, 2003 | Docket: 64823468

Published

slight injury, death or serious injury. See Fla. R.Crim. P. 3.988(b). When sentencing for a sexual offense

Category: Criminal Procedure

Jongewaard v. State

824 So. 2d 1009, 2002 Fla. App. LEXIS 12524, 2002 WL 1997979

District Court of Appeal of Florida | Filed: Aug 30, 2002 | Docket: 64817157

Published

2, category 3 or category 4 of Rule 3.701 and Rule 3.988, Florida Rules of Criminal Procedure, and who

Category: Criminal Procedure

Cruz v. State

824 So. 2d 291, 2002 Fla. App. LEXIS 12016, 2002 WL 1906553

District Court of Appeal of Florida | Filed: Aug 21, 2002 | Docket: 64817064

Published

included forty-two points for victim injury. The rule 3.988(a) Category 1 scoresheet applicable to this case

Category: Criminal Procedure

Mosley v. State

820 So. 2d 395, 2002 Fla. App. LEXIS 7619, 2002 WL 1071921

District Court of Appeal of Florida | Filed: May 31, 2002 | Docket: 64816220

Published

2, category 3 or category 4 of Rule 3.701 and Rule 3.988, Florida Rules of Criminal Procedure, and who

Category: Criminal Procedure

Gove v. Florida Parole Com'n

816 So. 2d 1150, 2002 Fla. App. LEXIS 5466, 2002 WL 730732

District Court of Appeal of Florida | Filed: Apr 26, 2002 | Docket: 1753481

Published

category 3, or category 4 of Rule 3.701 and Rule 3.988, Florida Rules of Criminal Procedure (1993),

Category: Criminal Procedure

Marker v. State

795 So. 2d 1037, 2001 Fla. App. LEXIS 12865, 2001 WL 1040382

District Court of Appeal of Florida | Filed: Sep 12, 2001 | Docket: 64809022

Published

penetration” should score twenty points.1 Fla. R.Crim. P. 3.988(b) (1992). Apparently, the State simply

Category: Criminal Procedure

Terry v. State

789 So. 2d 1177, 2001 Fla. App. LEXIS 9494, 2001 WL 776223

District Court of Appeal of Florida | Filed: Jul 11, 2001 | Docket: 64806918

Published

sheet, in accordance with the sentencing grids in rule 3.988, Florida Rule of Criminal Procedure,1 at the

Category: Criminal Procedure

Seals v. State

782 So. 2d 959, 2001 Fla. App. LEXIS 4703, 2001 WL 345216

District Court of Appeal of Florida | Filed: Apr 10, 2001 | Docket: 64804860

Published

points for *960victim injury pursuant to Fla.R.Crim.P. 3.988(b)V. Subtracting the victim injury points

Category: Criminal Procedure

Smith v. State

826 So. 2d 1001, 2001 Fla. App. LEXIS 106, 2001 WL 20781

District Court of Appeal of Florida | Filed: Jan 10, 2001 | Docket: 64817700

Published

sentence on a category three scoresheet, see Fla. R.Crim. P. 3.988(c), was life imprisonment, which is the

Category: Criminal Procedure

Foulds v. State

716 So. 2d 324, 1998 Fla. App. LEXIS 10383, 1998 WL 472574

District Court of Appeal of Florida | Filed: Aug 14, 1998 | Docket: 64782372

Published

sentence (twenty-two years) by five years. See Fla. R.Crim. P. 3.988(b). Because appellant’s consecutive sentences

Category: Criminal Procedure

Deason v. State

688 So. 2d 988, 1997 Fla. App. LEXIS 1773, 1997 WL 82131

District Court of Appeal of Florida | Filed: Feb 28, 1997 | Docket: 64771503

Published

category 3, or category 4 of Rule 3.701 and Rule 3.988, Florida Rule of Criminal Procedure, and who

Category: Criminal Procedure

Lea v. State

687 So. 2d 1354, 1997 Fla. App. LEXIS 402, 1997 WL 43452

District Court of Appeal of Florida | Filed: Feb 5, 1997 | Docket: 64771161

Published

“additional offense.” Fla. R.Crim. P. 3.701; Fla. R.Crim. P. 3.988. The trial court’s departure sentence resulted

Category: Criminal Procedure

Bruce v. State

687 So. 2d 1322, 1997 Fla. App. LEXIS 239, 1997 WL 24237

District Court of Appeal of Florida | Filed: Jan 24, 1997 | Docket: 64771152

Published

years — for the sexual battery offense. See Fla.R.Crim.P. 3.988(d). This error was thus prejudicial and requires

Category: Criminal Procedure

Astrop v. State

682 So. 2d 1153, 1996 Fla. App. LEXIS 10873, 1996 WL 595174

District Court of Appeal of Florida | Filed: Oct 18, 1996 | Docket: 64768998

Published

would have placed Astrop in a lower cell. Fla. R.Crim. P. 3.988(e). The error may have resulted from miscalculation

Category: Criminal Procedure

State v. Williams

667 So. 2d 191, 21 Fla. L. Weekly Supp. 42, 1996 Fla. LEXIS 29

Supreme Court of Florida | Filed: Jan 25, 1996 | Docket: 64761907

Published

a departure from the guidelines. The note to rule 3.988(g), Florida Rules of Criminal Procedure, provides:

Category: Criminal Procedure

Smith v. Singletary

666 So. 2d 986, 1996 Fla. App. LEXIS 241, 1996 WL 14051

District Court of Appeal of Florida | Filed: Jan 17, 1996 | Docket: 64761711

Published

prison, to any non-state prison sanction. See Fla.R.Crim.P. 3.988(b).

Category: Criminal Procedure

Hills v. State

661 So. 2d 1314, 1995 Fla. App. LEXIS 11583, 1995 WL 642673

District Court of Appeal of Florida | Filed: Nov 3, 1995 | Docket: 64759624

Published

control or 1 — 4½ years incarceration” range. Fla.R.Crim.P. 3.988(h). The one-cell bump-up for violation of

Category: Criminal Procedure

Banner v. State

660 So. 2d 1170, 1995 Fla. App. LEXIS 10186, 1995 WL 566567

District Court of Appeal of Florida | Filed: Sep 27, 1995 | Docket: 64759079

Published

guidelines for the primary offense at sentencing. Fla.R.Crim.P. 3.988(a). The state argues that part of this apparent

Category: Criminal Procedure

Alwardt v. State

658 So. 2d 1222, 1995 Fla. App. LEXIS 8676, 1995 WL 480584

District Court of Appeal of Florida | Filed: Aug 16, 1995 | Docket: 64758172

Published

this score is any nonstate prison sanction. Fla.R.Crim.P. 3.988(d). Where the permitted sentence for an offender

Category: Criminal Procedure

Scott v. State

642 So. 2d 838, 1994 Fla. App. LEXIS 9294, 1994 WL 524293

District Court of Appeal of Florida | Filed: Sep 28, 1994 | Docket: 64750895

Published

cell bump-up for violation of probation. See rule 3.988(b), Fla.R.Crim.P. We disagree. The reduction

Category: Criminal Procedure

Smith v. State

641 So. 2d 976, 1994 Fla. App. LEXIS 8853, 1994 WL 498414

District Court of Appeal of Florida | Filed: Sep 14, 1994 | Docket: 64750552

Published

the seventeen to twenty-two years scored. Fla.R.Crim.P. 3.988(g) Category 7 (1988). Because the erroneous

Category: Criminal Procedure

Hobbs v. State

637 So. 2d 359, 1994 Fla. App. LEXIS 5103, 1994 WL 231447

District Court of Appeal of Florida | Filed: Jun 1, 1994 | Docket: 64748536

Published

a permitted range of 2½ to 5½ years. See Fla.R.Crim.P. 3.988(b). However, a handwritten note on the scoresheet

Category: Criminal Procedure

Futrell v. State

627 So. 2d 26, 1993 Fla. App. LEXIS 11176, 1993 WL 452113

District Court of Appeal of Florida | Filed: Nov 5, 1993 | Docket: 64744241

Published

& 775.087(l)(a), Fla. Stat. (1991). . Fla.R.Crim.P. 3.988(a).

Category: Criminal Procedure

Amendments to Florida Rules of Criminal Procedure

613 So. 2d 1307, 18 Fla. L. Weekly Supp. 113, 1993 Fla. LEXIS 172, 1993 WL 32299

Supreme Court of Florida | Filed: Feb 11, 1993 | Docket: 64694361

Published

kogan and HARDING, JJ., concur. *1310APPENDIX Rule 3.988(d) Category 4: Violent Personal Crimes [[Image

Category: Criminal Procedure

Williams v. State

611 So. 2d 1334, 1993 Fla. App. LEXIS 87, 1993 WL 5312

District Court of Appeal of Florida | Filed: Jan 13, 1993 | Docket: 64693395

Published

which the scoring rules allocate 12 points. Fla.R.Crim.P. 3.988(c). The prior record category should have

Category: Criminal Procedure

Street v. State

609 So. 2d 779, 1992 Fla. App. LEXIS 13583, 1992 WL 385475

District Court of Appeal of Florida | Filed: Dec 30, 1992 | Docket: 64692618

Published

providing written reasons for departure. See Fla.R.Crim.P. 3.988(g). Because the trial court was under the

Category: Criminal Procedure

Hamilton v. State

603 So. 2d 606, 1992 Fla. App. LEXIS 8070, 1992 WL 175550

District Court of Appeal of Florida | Filed: Jul 28, 1992 | Docket: 64669285

Published

are repeated on the guidelines scoresheet. Fla.R.Crim.P. 3.988(a). The question, however, is how to interpret

Category: Criminal Procedure

Anderson v. State

595 So. 2d 290, 1992 Fla. App. LEXIS 2713, 1992 WL 51088

District Court of Appeal of Florida | Filed: Mar 20, 1992 | Docket: 64665880

Published

. § 784.021, Fla.Stat. (1987). . See Fla.R.Crim.P. 3.988(d). . Because appellant committed this

Category: Criminal Procedure

Rodriguez v. State

589 So. 2d 439, 1991 Fla. App. LEXIS 11447, 16 Fla. L. Weekly Fed. D 2920

District Court of Appeal of Florida | Filed: Nov 19, 1991 | Docket: 64663128

Published

up to five and half years incarceration. See Rule 3.988(d), Fla.R.Crim.P. Accordingly, the defendant

Category: Criminal Procedure

In re Amendments to Florida Rules of Criminal Procedure-sentencing Guidelines (rules 3.701 & 3.988)

589 So. 2d 271, 16 Fla. L. Weekly Supp. 725, 1991 Fla. LEXIS 1914, 1991 WL 236191

Supreme Court of Florida | Filed: Nov 7, 1991 | Docket: 64663082

Published

Procedure 3.701(c) and the forms contained in rule 3.988 as set out in the appendix attached to this opinion

Category: Criminal Procedure

Denson v. State

588 So. 2d 653, 1991 Fla. App. LEXIS 10852, 1991 WL 219444

District Court of Appeal of Florida | Filed: Oct 31, 1991 | Docket: 64662786

Published

which is applicable to drug offenses. See Fla.R.Crim.P. 3.988(g)(category 7). The trial court assessed

Category: Criminal Procedure

Weaver v. State

587 So. 2d 654, 1991 Fla. App. LEXIS 10287, 1991 WL 206843

District Court of Appeal of Florida | Filed: Oct 17, 1991 | Docket: 64662317

Published

or up to 4½ years of incarceration.4 See Fla.R.Crim.P. 3.988(f) (Category 6). However, there is no indication

Category: Criminal Procedure

Girard v. State

584 So. 2d 235, 1991 Fla. App. LEXIS 8455, 1991 WL 164560

District Court of Appeal of Florida | Filed: Aug 29, 1991 | Docket: 64660894

Published

1988, the effective date of the amendment to Rule 3.988 of the Florida Rules of Criminal Pro*236cedure

Category: Criminal Procedure

Butler v. State

579 So. 2d 327, 1991 Fla. App. LEXIS 4250, 1991 WL 72093

District Court of Appeal of Florida | Filed: May 9, 1991 | Docket: 64658635

Published

category five scoresheet form must be used. See Fla.R.Crim.P. 3.988(e). If a category five scoresheet form is

Category: Criminal Procedure

Carter v. State

576 So. 2d 934, 1991 Fla. App. LEXIS 2624, 1991 WL 41015

District Court of Appeal of Florida | Filed: Mar 28, 1991 | Docket: 64657486

Published

years incarceration.” (emphasis supplied) Fla.R.Crim.P. 3.988(d). No “departure reasons” were given; We

Category: Criminal Procedure

Florida Rules of Criminal Procedure re: Sentencing Guidelines

576 So. 2d 1307, 16 Fla. L. Weekly Supp. 198, 1991 Fla. LEXIS 411, 1991 WL 28402

Supreme Court of Florida | Filed: Mar 7, 1991 | Docket: 64657567

Published

All other felony offenses [[Image here]] FORMS Rule 3.988(b) Category 2: Sexual Offenses Chapters 794 and

Category: Criminal Procedure

Jones v. State

574 So. 2d 1138, 1991 Fla. App. LEXIS 588, 1991 WL 7675

District Court of Appeal of Florida | Filed: Jan 30, 1991 | Docket: 64656486

Published

appellant received a guidelines sentence, and because rule 3.988(g), Florida Rules of Criminal Procedure, shows

Category: Criminal Procedure

Fulse v. State

573 So. 2d 139, 1991 Fla. App. LEXIS 131, 1991 WL 1092

District Court of Appeal of Florida | Filed: Jan 10, 1991 | Docket: 64655878

Published

be a life sentence. Step to your left. Under Rule 3.988, Category 7, the recommended range for the defendant

Category: Criminal Procedure

Lape v. State

569 So. 2d 529, 15 Fla. L. Weekly Fed. D 2793

District Court of Appeal of Florida | Filed: Nov 15, 1990 | Docket: 1189749

Published

control, or 1-3 1/2 years incarceration. See Fla.R.Crim.P. 3.988(d). Upon conviction, Lape was sentenced to

Category: Criminal Procedure

In re Florida Rules of Criminal Procedure 3.701 & 3.988

566 So. 2d 770, 15 Fla. L. Weekly Supp. 458, 1990 Fla. LEXIS 1847, 1990 WL 130217

Supreme Court of Florida | Filed: Sep 6, 1990 | Docket: 64652923

Published

case no. 75,364, revises the forms contained in rule 3.988(a)-(j) to conform to the paper-size requirements

Category: Criminal Procedure

Williams v. State

562 So. 2d 446, 1990 Fla. App. LEXIS 4469, 1990 WL 84418

District Court of Appeal of Florida | Filed: Jun 22, 1990 | Docket: 64650976

Published

under chapter 893, Florida Statutes (1987). Fla.R.Crim.P. 3.988(g). The appellant was convicted of sale of

Category: Criminal Procedure

Young v. State

549 So. 2d 819, 14 Fla. L. Weekly 2356, 1989 Fla. App. LEXIS 5729, 1989 WL 117146

District Court of Appeal of Florida | Filed: Oct 6, 1989 | Docket: 64645315

Published

“legal constraint” as used in the scoresheet (Fla.R. Crim.P. 3.988), we are unable to discern any material

Category: Criminal Procedure

Grant v. State

547 So. 2d 952, 14 Fla. L. Weekly 1629, 1989 Fla. App. LEXIS 3725, 1989 WL 73148

District Court of Appeal of Florida | Filed: Jul 5, 1989 | Docket: 64644441

Published

subject to an outstanding bench warrant. Under Rule 3.988(a)(IV), Florida Rules of Criminal Procedure,

Category: Criminal Procedure

Florida Rules of Criminal Procedure Re: Sentencing Guidelines

544 So. 2d 198, 1989 Fla. LEXIS 1295, 1989 WL 65666

Supreme Court of Florida | Filed: Jun 15, 1989 | Docket: 64642859

Published

and the heading to rule 3.988(d) accordingly. The form which accompanies rule 3.988(d) remains unamended

Category: Criminal Procedure

State v. Chenault

543 So. 2d 1314, 14 Fla. L. Weekly 1341, 1989 Fla. App. LEXIS 3062, 1989 WL 56313

District Court of Appeal of Florida | Filed: Jun 1, 1989 | Docket: 64642797

Published

sentence. Rule 3.701(d)(6) in conjunction with Rule 3.988(i) says that persons who are in custody serving

Category: Criminal Procedure

State v. Bohannon

538 So. 2d 1384, 14 Fla. L. Weekly 579, 1989 Fla. App. LEXIS 1019, 1989 WL 16656

District Court of Appeal of Florida | Filed: Mar 2, 1989 | Docket: 64640727

Published

the category 1 scoresheet was designated for: Rule 3.988(a) Category 1: Murder, Manslaughter. Chapter

Category: Criminal Procedure

Gonzalez v. State

534 So. 2d 1220, 13 Fla. L. Weekly 2668, 1988 Fla. App. LEXIS 5399, 1988 WL 130483

District Court of Appeal of Florida | Filed: Dec 7, 1988 | Docket: 64639068

Published

concur. . § 782.071(2), Fla.Stat. (1987); Fla.R.Crim.P. 3.988(a). . Gonzalez does not contest the addition

Category: Criminal Procedure

Sulzbach v. State

522 So. 2d 433, 13 Fla. L. Weekly 635, 1988 Fla. App. LEXIS 1035, 1988 WL 20578

District Court of Appeal of Florida | Filed: Mar 10, 1988 | Docket: 64633660

Published

developed using a category nine scoresheet. See Rule 3.988 Florida Rules of Criminal Procedure. However

Category: Criminal Procedure

Oliver v. State

517 So. 2d 735, 13 Fla. L. Weekly 58, 1987 Fla. App. LEXIS 11733, 1987 WL 3184

District Court of Appeal of Florida | Filed: Dec 22, 1987 | Docket: 64631774

Published

AFFIRMED. MILLS and NIMMONS, JJ., concur. . Rule 3.988(b) contains as a part of the prescribed scoresheet

Category: Criminal Procedure

Woods v. State

516 So. 2d 52, 12 Fla. L. Weekly 2764, 1987 Fla. App. LEXIS 11314, 1987 WL 2113

District Court of Appeal of Florida | Filed: Dec 2, 1987 | Docket: 64631200

Published

been seven to nine years imprisonment. See Fla.R.Crim.P. 3.988(c). Thus, we must reverse the departure sentences

Category: Criminal Procedure

Miller v. State

515 So. 2d 392, 12 Fla. L. Weekly 2627, 1987 Fla. App. LEXIS 11017

District Court of Appeal of Florida | Filed: Nov 13, 1987 | Docket: 64630866

Published

insofar as it should have been prepared pursuant to rule 3.988, should reveal whether the earlier or later edition

Category: Criminal Procedure

Wohlhuter v. State

515 So. 2d 362, 12 Fla. L. Weekly 2613, 1987 Fla. App. LEXIS 10948

District Court of Appeal of Florida | Filed: Nov 12, 1987 | Docket: 64630845

Published

30 months incarceration or community control. Rule 3.988(g), Fla.R.Crim.P. The court sentenced the defendant

Category: Criminal Procedure

McCoy v. State

513 So. 2d 778, 12 Fla. L. Weekly 2395, 1987 Fla. App. LEXIS 12270

District Court of Appeal of Florida | Filed: Oct 12, 1987 | Docket: 64629987

Published

in the sentencing guidelines forms set out at Rule 3.988, Fla.R.Crim.P. (see Rule 3.701(d)(6), Fla.R.

Category: Criminal Procedure

Rojas v. State

506 So. 2d 1158, 12 Fla. L. Weekly 1219, 1987 Fla. App. LEXIS 8214

District Court of Appeal of Florida | Filed: May 12, 1987 | Docket: 64627025

Published

incarceration or community control. See Fla.R. Crim.P. 3.988(e). Rojas claims that the sentence must

Category: Criminal Procedure

Williams v. State

495 So. 2d 284, 11 Fla. L. Weekly 2112, 1986 Fla. App. LEXIS 9939

District Court of Appeal of Florida | Filed: Oct 3, 1986 | Docket: 64622049

Published

twelve to thirty months’ incarceration. Fla.R.Crim.P. 3.988(g). Since the sentencing was subsequent to

Category: Criminal Procedure

In re Sentencing Guidelines (Florida Rules of Criminal Procedure 3.701, 3.988)

491 So. 2d 1128, 1986 Fla. LEXIS 2406, 11 Fla. L. Weekly 351

Supreme Court of Florida | Filed: Jul 17, 1986 | Docket: 64620790

Published

those revisions except for the amendments to rule 3.988(e) which were designed to produce an increased

Category: Criminal Procedure

Kelly v. State

490 So. 2d 1336, 11 Fla. L. Weekly 1470, 1986 Fla. App. LEXIS 8677

District Court of Appeal of Florida | Filed: Jul 2, 1986 | Docket: 64620431

Published

“Community Control or 12-30 mos. incarceration.” Rule 3.988(e), Fla.R.Crim.P. This result also refutes the

Category: Criminal Procedure

Brown v. State

487 So. 2d 392, 11 Fla. L. Weekly 961, 1986 Fla. App. LEXIS 7506

District Court of Appeal of Florida | Filed: Apr 23, 1986 | Docket: 64618853

Published

Appellant challenges the trial court’s application of Rule 3.988, Florida Rules of Criminal Procedure, Guideline

Category: Criminal Procedure

Pommier v. State

476 So. 2d 284, 10 Fla. L. Weekly 2305, 1985 Fla. App. LEXIS 16170

District Court of Appeal of Florida | Filed: Oct 8, 1985 | Docket: 64614516

Published

dangerous weapon. § 812.13(2)(a) Fla.Stat.; Fla.R.Crim.P. 3.988(c). The proper number of points for robbery

Category: Criminal Procedure

Dodd v. State

471 So. 2d 668, 10 Fla. L. Weekly 1610, 1985 Fla. App. LEXIS 14825

District Court of Appeal of Florida | Filed: Jun 27, 1985 | Docket: 64612767

Published

guidelines sentence is any nonstate prison sanction. Rule 3.988, Fla. R.Crim.P. The sentencing judge departed

Category: Criminal Procedure

Gonzalez v. State

465 So. 2d 613, 10 Fla. L. Weekly 732, 1985 Fla. App. LEXIS 13079

District Court of Appeal of Florida | Filed: Mar 19, 1985 | Docket: 64610695

Published

defendant’s sentencing guideline scoresheet, see Fla.R.Crim.P. 3.988(g). The elimination of these 27 points reduces

Category: Criminal Procedure

Whiteman v. State

465 So. 2d 591, 10 Fla. L. Weekly 694, 1985 Fla. App. LEXIS 12969

District Court of Appeal of Florida | Filed: Mar 15, 1985 | Docket: 64610692

Published

or twelve to thirty months incarceration. Fla. R.Crim.P. 3.988(g). The court sentenced appellant to thirty

Category: Criminal Procedure

Foreman v. State

458 So. 2d 1213, 9 Fla. L. Weekly 2418, 1984 Fla. App. LEXIS 16574

District Court of Appeal of Florida | Filed: Nov 16, 1984 | Docket: 64608186

Published

guidelines, and burglary is a category 5 offense. Fla. R.Crim.P. 3.988. In summary, under Wicker one of the convictions

Category: Criminal Procedure

Florida Bar: Amendment to Rules of Criminal Procedure

451 So. 2d 824, 1984 Fla. LEXIS 2928

Supreme Court of Florida | Filed: May 8, 1984 | Docket: 64605432

Published

offense points in Category 2, Sexual Offenses, of rule 3.988, form (b). The revision increases the primary

Category: Criminal Procedure