Florida Statute 921.2 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 921
SENTENCE

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F.S. 921.002

921.002 The Criminal Punishment Code.—The Criminal Punishment Code shall apply to all felony offenses, except capital felonies, committed on or after October 1, 1998.

(1) The provision of criminal penalties and of limitations upon the application of such penalties is a matter of predominantly substantive law and, as such, is a matter properly addressed by the Legislature. The Legislature, in the exercise of its authority and responsibility to establish sentencing criteria, to provide for the imposition of criminal penalties, and to make the best use of state prisons so that violent criminal offenders are appropriately incarcerated, has determined that it is in the best interest of the state to develop, implement, and revise a sentencing policy. The Criminal Punishment Code embodies the principles that:

(a) Sentencing is neutral with respect to race, gender, and social and economic status.

(b) The primary purpose of sentencing is to punish the offender. Rehabilitation is a desired goal of the criminal justice system but is subordinate to the goal of punishment.

(c) The penalty imposed is commensurate with the severity of the primary offense and the circumstances surrounding the primary offense.

(d) The severity of the sentence increases with the length and nature of the offender’s prior record.

(e) The sentence imposed by the sentencing judge reflects the length of actual time to be served, shortened only by the application of incentive and meritorious gain-time as provided by law, and may not be shortened if the defendant would consequently serve less than 85 percent of his or her term of imprisonment as provided in s. 944.275(4). The provisions of chapter 947, relating to parole, shall not apply to persons sentenced under the Criminal Punishment Code.

(f) Departures below the lowest permissible sentence established by the code must be articulated in writing by the trial court judge and made only when circumstances or factors reasonably justify the mitigation of the sentence. The level of proof necessary to establish facts that support a departure from the lowest permissible sentence is a preponderance of the evidence.

(g) The trial court judge may impose a sentence up to and including the statutory maximum for any offense, including an offense that is before the court due to a violation of probation or community control.

(h) A sentence may be appealed on the basis that it departs from the Criminal Punishment Code only if the sentence is below the lowest permissible sentence or as enumerated in s. 924.06(1).

(i) Use of incarcerative sanctions is prioritized toward offenders convicted of serious offenses and certain offenders who have long prior records, in order to maximize the finite capacities of state and local correctional facilities.

(2) When a defendant is before the court for sentencing for more than one felony and the felonies were committed under more than one version or revision of the former sentencing guidelines or the code, each felony shall be sentenced under the guidelines or the code in effect at the time the particular felony was committed. This subsection does not apply to sentencing for any capital felony.

(3) A court may impose a departure below the lowest permissible sentence based upon circumstances or factors that reasonably justify the mitigation of the sentence in accordance with s. 921.0026. The level of proof necessary to establish facts supporting the mitigation of a sentence is a preponderance of the evidence. When multiple reasons exist to support the mitigation, the mitigation shall be upheld when at least one circumstance or factor justifies the mitigation regardless of the presence of other circumstances or factors found not to justify mitigation. Any sentence imposed below the lowest permissible sentence must be explained in writing by the trial court judge.

(4)(a) The Department of Corrections shall report on trends in sentencing practices and sentencing score thresholds and provide an analysis on the sentencing factors considered by the courts and shall submit this information to the Legislature by October 1 of each year.

(b) The Criminal Justice Estimating Conference, with the assistance of the Department of Corrections, shall estimate the impact of any proposed change to the Criminal Punishment Code on future rates of incarceration and on the prison population. The Criminal Justice Estimating Conference shall base its projections on historical data concerning sentencing practices which have been accumulated by the Department of Corrections and other relevant data from other state agencies and records of the Department of Corrections which disclose the average time served for offenses covered by any proposed changes to the Criminal Punishment Code.

(c) In order to produce projects that are either required by law or requested by the Legislature to assist the Legislature in making modifications to the Criminal Punishment Code, the Department of Corrections is authorized to collect and evaluate Criminal Punishment Code scoresheets from each of the judicial circuits after sentencing. Beginning in 1999, by October 1 of each year, the Department of Corrections shall provide an annual report to the Legislature that shows the rate of compliance of each judicial circuit in providing scoresheets to the department.

History.—s. 3, ch. 97-194; s. 2, ch. 98-204; s. 124, ch. 2010-5; s. 8, ch. 2017-31.

F.S. 921.002 on Google Scholar

F.S. 921.002 on CourtListener

Amendments to 921.002

Annotations, Discussions, Cases:

Cases Citing Statute 921.002

Total Results: 173

Maddox v. State

760 So. 2d 89

Supreme Court of Florida | Filed: May 11, 2000 | Docket: 1324543

Cited 171 times | Published

including the statutory maximum for any offense," section 921.002(1)(g), without requiring the filing of any

Hall v. State

823 So. 2d 757, 2002 WL 1430598

Supreme Court of Florida | Filed: Jul 3, 2002 | Docket: 458638

Cited 82 times | Published

but is subordinate to the goal of punishment." § 921.002(1)(b), Fla. Stat. (Supp.1998). "The penalty imposed

State v. Gazda

257 So. 2d 242

Supreme Court of Florida | Filed: Sep 15, 1971 | Docket: 308337

Cited 40 times | Published

the definitions in Florida Statutes § 921.01 and § 921.02, F.S.A.[3] support the distinction made here between

State v. Ayers

901 So. 2d 942, 2005 WL 991571

District Court of Appeal of Florida | Filed: Apr 29, 2005 | Docket: 1666328

Cited 37 times | Published

which the defendant has shown remorse." Under section 921.002(3), "[t]he level of proof necessary to establish

Henry v. State

82 So. 3d 1084, 2012 Fla. App. LEXIS 675, 2012 WL 162005

District Court of Appeal of Florida | Filed: Jan 20, 2012 | Docket: 2416814

Cited 32 times | Published

abolished its parole system, see Fla. Stat. § 921.002(1)(e) (2003), a life sentence gives a defendant

Butler v. State

838 So. 2d 554, 2003 WL 193488

Supreme Court of Florida | Filed: Jan 30, 2003 | Docket: 461371

Cited 28 times | Published

provisions of the Criminal Punishment Code: (1) section 921.002(1)(g), Florida Statutes (Supp. 1998), which

Smith v. State

28 So. 3d 838, 34 Fla. L. Weekly Supp. 681, 2009 Fla. LEXIS 2067, 2009 WL 4841038

Supreme Court of Florida | Filed: Dec 17, 2009 | Docket: 1652281

Cited 27 times | Published

felony conviction” aggravator. See generally § 921.002(1), Fla. Stat. (2008) (“The provision of criminal

Moore v. State

882 So. 2d 977, 2004 WL 1899952

Supreme Court of Florida | Filed: Aug 26, 2004 | Docket: 1686287

Cited 27 times | Published

violation of probation or community control." § 921.002(1)(g), Fla. Stat. (1999) (emphasis added). The

Carpenter v. State

884 So. 2d 385, 2004 WL 2069811

District Court of Appeal of Florida | Filed: Sep 17, 2004 | Docket: 1282213

Cited 23 times | Published

Code became effective on October 1, 1998. See § 921.002, Fla. Stat. (1997). Under the Criminal Punishment

Montgomery v. State

897 So. 2d 1282, 2005 WL 610049

Supreme Court of Florida | Filed: Mar 17, 2005 | Docket: 1416398

Cited 21 times | Published

length and nature of the offender's prior record." § 921.002(1)(b), (d), Fla. Stat. (2002). Once legislative

In Re Florida Rules of Criminal Procedure

196 So. 2d 124, 1967 Fla. LEXIS 3956

Supreme Court of Florida | Filed: Mar 1, 1967 | Docket: 1710426

Cited 21 times | Published

appeal. Committee Note: To the same effect as Section 921.02, except the portion reading "in writing, signed

Howard v. State

820 So. 2d 337, 2002 WL 429180

District Court of Appeal of Florida | Filed: Mar 20, 2002 | Docket: 1715494

Cited 19 times | Published

including the statutory maximum for any offense ...." § 921.002(1)(g), Fla. Stat. (2000). "The permissible range

Shargaa v. State

102 So. 2d 809

Supreme Court of Florida | Filed: Apr 30, 1958 | Docket: 1281714

Cited 18 times | Published

the court's judgment. Appellant refers us to Section 921.02, Florida Statutes, F.S.A., which reads as follows:

State v. Stephenson

973 So. 2d 1259, 2008 WL 397413

District Court of Appeal of Florida | Filed: Feb 11, 2008 | Docket: 1688392

Cited 17 times | Published

valid reason for a downward departure. See e.g., § 921.002(1)(f) & (3), Fla. Stat. (1999); State v. Henderson

State v. Tyrrell

807 So. 2d 122, 2002 WL 91297

District Court of Appeal of Florida | Filed: Jan 25, 2002 | Docket: 1750595

Cited 17 times | Published

valid reason for a downward departure. See e.g., § 921.002(1)(f) & (3), Fla. Stat. (1999); State v. Henderson

State v. Subido

925 So. 2d 1052, 2006 WL 504938

District Court of Appeal of Florida | Filed: Mar 3, 2006 | Docket: 471798

Cited 15 times | Published

substantive law determined by the legislature. § 921.002(1), Fla. Stat. (2003); State v. Ayers, 901 So

State v. Randall

746 So. 2d 550, 1999 WL 1136436

District Court of Appeal of Florida | Filed: Dec 13, 1999 | Docket: 1714979

Cited 15 times | Published

valid reason is necessary to sustain a departure. § 921.002(3). See also Paul v. State, 722 So.2d 224 (Fla

State v. Menuto

912 So. 2d 603, 2005 WL 1026014

District Court of Appeal of Florida | Filed: May 4, 2005 | Docket: 1649908

Cited 14 times | Published

purpose of criminal sentencing is to punish. § 921.002(1)(b), Fla. Stat. (2002). In sharp contrast, the

Whitmore v. State

27 So. 3d 168, 2010 Fla. App. LEXIS 916, 2010 WL 366589

District Court of Appeal of Florida | Filed: Feb 3, 2010 | Docket: 1206032

Cited 13 times | Published

sentence or as enumerated in s. 924.06(1). [e.s.] § 921.002 Fla. Stat. (2003). Section 924.06(1) provides:

Gandy v. State

846 So. 2d 1141, 2003 WL 21087995

Supreme Court of Florida | Filed: May 15, 2003 | Docket: 1709883

Cited 12 times | Published

assistance of appellate counsel and is denied. See § 921.002(g), Fla. Stat. (Supp. 1998)." Gandy v. State,

Patterson v. State

796 So. 2d 572, 2001 WL 1044983

District Court of Appeal of Florida | Filed: Sep 7, 2001 | Docket: 1672517

Cited 11 times | Published

provisions of the Criminal Punishment Code. See § 921.002, Fla. Stat. (Supp.1998). The State argues that

Walle v. State

99 So. 3d 967, 2012 WL 4465555, 2012 Fla. App. LEXIS 16471

District Court of Appeal of Florida | Filed: Sep 28, 2012 | Docket: 60313320

Cited 9 times | Published

qualify for a lessening of his sentence. See § 921.002(l)(e), Fla. Stat. (2008) (providing that parole

Jackson v. State

64 So. 3d 90, 36 Fla. L. Weekly Supp. 81, 2011 Fla. LEXIS 415, 2011 WL 536429

Supreme Court of Florida | Filed: Feb 17, 2011 | Docket: 60301598

Cited 9 times | Published

felonies committed on or after October 1, 1998. See § 921.002, Fla. Stat. (2008). Florida Rule of Criminal Procedure

Lane v. State

981 So. 2d 596, 2008 WL 2026282

District Court of Appeal of Florida | Filed: May 12, 2008 | Docket: 1515611

Cited 9 times | Published

without any additional factual findings. See § 921.002(1)(g), Fla. Stat. (2006) (stating that under the

Demoss v. State

843 So. 2d 309, 2003 WL 1559927

District Court of Appeal of Florida | Filed: Mar 27, 2003 | Docket: 1243837

Cited 9 times | Published

purpose of sentencing is to punish the offender." § 921.002(1)(b), Fla. Stat. (2001). A defendant's minimum

In Re Amend. to Fla. Rules of Cr. Proc.

606 So. 2d 227, 1992 WL 246494

Supreme Court of Florida | Filed: Sep 24, 1992 | Docket: 2191048

Cited 9 times | Published

Notes 1968 Adoption. To the same effect as section 921.02, Florida Statutes, except the portion reading

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

reason for a downward departure sentence. See § 921.002, Fla. Stat. (Supp.1998); see also Fla. R.Crim

State v. Thompson

844 So. 2d 814, 2003 WL 21105368

District Court of Appeal of Florida | Filed: May 16, 2003 | Docket: 1197154

Cited 8 times | Published

accordance with the Criminal Punishment Code. § 921.002, Fla. Stat. (2001); State v. Norris, 724 So.2d

State v. Freeman

775 So. 2d 344, 2000 WL 1363159

District Court of Appeal of Florida | Filed: Sep 22, 2000 | Docket: 2581111

Cited 8 times | Published

J., and SALCINES, J., Concur. NOTES [1] See § 921.002, Fla. Stat. (Supp.1998).

State v. Freeman

775 So. 2d 344, 2000 WL 1363159

District Court of Appeal of Florida | Filed: Sep 22, 2000 | Docket: 2581111

Cited 8 times | Published

J., and SALCINES, J., Concur. NOTES [1] See § 921.002, Fla. Stat. (Supp.1998).

State v. VanBebber

848 So. 2d 1046, 2003 WL 21025826

Supreme Court of Florida | Filed: May 8, 2003 | Docket: 252612

Cited 7 times | Published

felonies, committed on or after October 1, 1998." § 921.002, Fla. Stat. (Supp. 1998). [5] The offense in

Peterson v. State

193 So. 3d 1034, 2016 WL 3199418, 2016 Fla. App. LEXIS 8912

District Court of Appeal of Florida | Filed: Jun 10, 2016 | Docket: 60294154

Cited 6 times | Published

this analysis. Id. If it is, and, pursuant to section 921.002(l)(e), Florida Statutes (2002), Peterson serves

Porter v. State

110 So. 3d 962, 2013 WL 1316430, 2013 Fla. App. LEXIS 5340

District Court of Appeal of Florida | Filed: Apr 3, 2013 | Docket: 60230532

Cited 6 times | Published

maximum sentence allowed for the degree of crime. § 921.002(g), Fla. Stat. (2010). In 2009, due to an ever-increasing

Floyd v. State

87 So. 3d 45, 2012 Fla. App. LEXIS 5602, 2012 WL 1216269

District Court of Appeal of Florida | Filed: Apr 12, 2012 | Docket: 60307995

Cited 6 times | Published

would be released is at age eighty-five. See § 921.002(l)(e), Fla. Stat. (1998) (providing that parole

Willingham v. State

781 So. 2d 512, 2001 WL 331899

District Court of Appeal of Florida | Filed: Apr 6, 2001 | Docket: 1292426

Cited 6 times | Published

state can appeal downward departure sentences. § 921.002(1)(h). For crimes committed after October 1998

Thomas v. State

135 So. 3d 590, 2014 WL 1493192, 2014 Fla. App. LEXIS 5607

District Court of Appeal of Florida | Filed: Apr 16, 2014 | Docket: 60239716

Cited 5 times | Published

(1997) (abolishing parole for capital felonies); § 921.002(l)(a)(5), Fla. Stat. (1997) (stating chapter 947

State v. Thompkins

113 So. 3d 95, 2013 WL 2112435, 2013 Fla. App. LEXIS 7976

District Court of Appeal of Florida | Filed: May 17, 2013 | Docket: 60231661

Cited 5 times | Published

Code is to punish miscreants for their crimes. § 921.002(l)(b), Fla. Stat. (2011) (“The primary purpose

Brown v. State

994 So. 2d 480, 2008 WL 4809898

District Court of Appeal of Florida | Filed: Nov 6, 2008 | Docket: 1218776

Cited 5 times | Published

964 So.2d 881, 884 (Fla. 3d DCA 2007) (citing § 921.002(1)(g), Fla. Stat. (2006)). In providing for the

Abrams v. State

971 So. 2d 1033, 2008 WL 140963

District Court of Appeal of Florida | Filed: Jan 16, 2008 | Docket: 1446118

Cited 5 times | Published

et seq., Fla. Stat. (sentencing guidelines); § 921.002, et seq., Fla. Stat. (criminal punishment code)

State v. Green

971 So. 2d 146, 2007 WL 4245376

District Court of Appeal of Florida | Filed: Dec 5, 2007 | Docket: 1446088

Cited 5 times | Published

treatments for his physical disabilities. Section 921.002(1)(f), Florida Statutes (2004), provides: The

Mora v. State

964 So. 2d 881, 2007 WL 2780882

District Court of Appeal of Florida | Filed: Sep 26, 2007 | Docket: 1240691

Cited 5 times | Published

so long as it is within the statutory limits. § 921.002(1)(g), Fla. Stat. (2006). Mora originally faced

State v. Brownell

922 So. 2d 244, 2006 WL 120028

District Court of Appeal of Florida | Filed: Jan 18, 2006 | Docket: 2557095

Cited 5 times | Published

trial or be resentenced under the guidelines. § 921.002(3), Fla. Stat. (2005); State v. Rinkins, 646 So

State v. Wheeler

891 So. 2d 614, 2005 WL 155463

District Court of Appeal of Florida | Filed: Jan 26, 2005 | Docket: 59048

Cited 5 times | Published

reasonably justify the downward departure." See also § 921.002(1)(f). Section 921.0026(2) provides in pertinent

Winther v. State

812 So. 2d 527, 2002 WL 460319

District Court of Appeal of Florida | Filed: Mar 27, 2002 | Docket: 1716257

Cited 5 times | Published

reasonably justify the mitigation of the sentence." § 921.002(3), Fla. Stat. (2000) (emphasis added). One of

State v. Rife

733 So. 2d 541, 1999 WL 148030

District Court of Appeal of Florida | Filed: May 28, 1999 | Docket: 1188179

Cited 5 times | Published

the guideline sentence should be reduced. Section 921.002(3), Florida Statutes, provides: "A court may

Charles v. State

204 So. 3d 63, 2016 Fla. App. LEXIS 15940

District Court of Appeal of Florida | Filed: Oct 26, 2016 | Docket: 63630498

Cited 4 times | Published

factor is not one of the enumerated factors in section 921.002(1), Florida Statutes (2014), and' the Florida

Starks v. State

128 So. 3d 91, 2013 WL 5225311, 2013 Fla. App. LEXIS 14839

District Court of Appeal of Florida | Filed: Sep 18, 2013 | Docket: 60237212

Cited 4 times | Published

not carry with it the possibility of parole. § 921.002(l)(e), Fla. Stat. (2000). . The court's consideration

Washington v. State

103 So. 3d 917, 2012 Fla. App. LEXIS 19119, 2012 WL 5382184

District Court of Appeal of Florida | Filed: Nov 5, 2012 | Docket: 60227253

Cited 4 times | Published

(1997) (abolishing parole for capital felonies); § 921.002(l)(a)(5), Fla. Stat. (1997) (stating chapter 947

State v. McKnight

35 So. 3d 995, 2010 Fla. App. LEXIS 7014, 2010 WL 2008836

District Court of Appeal of Florida | Filed: May 21, 2010 | Docket: 1646084

Cited 4 times | Published

valid reason for a downward departure. See e.g., § 921.002(1)(f) & (3), Fla. Stat. (1999); State v. Henderson

Stancliff v. State

996 So. 2d 259, 2008 WL 5220636

District Court of Appeal of Florida | Filed: Dec 16, 2008 | Docket: 2577641

Cited 4 times | Published

within the CPC scoresheet sentencing range. Section 921.002(1)(h), Florida Statutes (2005), provides that

State v. Ahua

947 So. 2d 637, 2007 WL 164085

District Court of Appeal of Florida | Filed: Jan 24, 2007 | Docket: 173227

Cited 4 times | Published

permit the defendant to withdraw his plea. See § 921.002(1)(f), Fla. Stat. (2004); State v. Rinkins, 646

Tubwell v. State

922 So. 2d 378, 2006 WL 503290

District Court of Appeal of Florida | Filed: Mar 3, 2006 | Docket: 1290757

Cited 4 times | Published

convicted defendants to the maximum statutory term. § 921.002(1)(g), Fla. Stat. (2003). The minimum calculation

State v. Fernandez

927 So. 2d 939, 2006 WL 399512

District Court of Appeal of Florida | Filed: Feb 22, 2006 | Docket: 1765814

Cited 4 times | Published

is received by a court, we are compelled by section 921.002(3) of the Criminal Punishment Code in effect

Collins v. State

83 So. 2d 6

Supreme Court of Florida | Filed: Sep 16, 1955 | Docket: 1342130

Cited 4 times | Published

open court in the presence of the appellants. Section 921.02, Florida Statutes, F.S.A.; Brown v. State,

Sidney Norvil, Jr. v. State of Florida

191 So. 3d 406, 41 Fla. L. Weekly Supp. 190, 2016 WL 1700529, 2016 Fla. LEXIS 886

Supreme Court of Florida | Filed: Apr 28, 2016 | Docket: 3059070

Cited 3 times | Published

implement, and revise a sentencing policy. § 921.002(1), Fla. Stat. (2010). The CPC embodies the principles

State v. Bowman

123 So. 3d 107, 2013 WL 5567492, 2013 Fla. App. LEXIS 16017

District Court of Appeal of Florida | Filed: Oct 9, 2013 | Docket: 60234851

Cited 3 times | Published

explained in writing by the trial court judge.” § 921.002(3), Fla. Stat. The record in this case does not

Guzman v. State

68 So. 3d 295, 2011 Fla. App. LEXIS 11752, 2011 WL 3108800

District Court of Appeal of Florida | Filed: Jul 27, 2011 | Docket: 60302242

Cited 3 times | Published

sentence is without the possibility of parole. See § 921.002, Fla. Stat. (2007) ("The provisions of chapter

Holt v. State

33 So. 3d 811, 2010 Fla. App. LEXIS 5589, 2010 WL 1687626

District Court of Appeal of Florida | Filed: Apr 28, 2010 | Docket: 241486

Cited 3 times | Published

966 So.2d 441, 444 (Fla. 2d DCA 2007); see also § 921.002(l)(f), (g), Fla. Stat. (2008). This discretion

State v. Weaver

23 So. 3d 829, 2009 Fla. App. LEXIS 18716, 2009 WL 4403232

District Court of Appeal of Florida | Filed: Dec 4, 2009 | Docket: 1657728

Cited 3 times | Published

reasonably justifying a downward departure. See § 921.002(3) Fla. Stat. (2007). To impose a downward departure

Butler v. State

774 So. 2d 925, 2001 WL 9856

District Court of Appeal of Florida | Filed: Jan 5, 2001 | Docket: 1331100

Cited 3 times | Published

passed the Criminal Punishment Code, section 921.002. Section 921.002(1)(g) states that "[t]he trial court

Alvin Davis v. State of Florida

268 So. 3d 958

District Court of Appeal of Florida | Filed: Apr 25, 2019 | Docket: 14995758

Cited 2 times | Published

light of “the circumstances surrounding” it. § 921.002(1)(c), Fla. Stat. The United States Supreme Court

State v. Browne

187 So. 3d 377, 2016 Fla. App. LEXIS 4232, 2016 WL 1062793

District Court of Appeal of Florida | Filed: Mar 18, 2016 | Docket: 60254044

Cited 2 times | Published

sentence of 51 weeks in the county jail. ’ See § 921.002(1)’(bj, Fla. Stat. (2015).1 The trial court’s

State v. Wheeler

180 So. 3d 1117, 2015 Fla. App. LEXIS 18144, 2015 WL 7779970

District Court of Appeal of Florida | Filed: Dec 4, 2015 | Docket: 60252295

Cited 2 times | Published

purpose of sentencing is to punish the offender.” § 921.002(l)(b), Fla. Stat. (2015). A defendant’s minimum

State v. Lindsay

163 So. 3d 721, 2015 Fla. App. LEXIS 6430, 2015 WL 1942890

District Court of Appeal of Florida | Filed: May 1, 2015 | Docket: 60247739

Cited 2 times | Published

is subordinate to the goal of . punishment.” § 921.002(1)(b), Fla. Stat. (2013). In Jackson v. State

Amanda Lee Hobgood v. State of Florida

166 So. 3d 840, 2015 Fla. App. LEXIS 5862, 2015 WL 1849497

District Court of Appeal of Florida | Filed: Apr 22, 2015 | Docket: 2679389

Cited 2 times | Published

permissible sentence.” See id.; see also § 921.002(l)(f), Fla. Stat. (2013) (“Departures below the

Pierre Imbert v. State

154 So. 3d 1174, 2015 Fla. App. LEXIS 186, 2015 WL 71824

District Court of Appeal of Florida | Filed: Jan 7, 2015 | Docket: 2621544

Cited 2 times | Published

set forth by the legislature, see § 921.002(g), Fla. Stat. (2012) (permitting judge to impose

State v. Davis

133 So. 3d 1101, 2014 WL 444041, 2014 Fla. App. LEXIS 1431

District Court of Appeal of Florida | Filed: Feb 5, 2014 | Docket: 60238677

Cited 2 times | Published

Salgado, 948 So.2d 12, 15 (Fla. 3d DCA 2006). Section 921.002(l)(f), Florida Statutes (2009) provides: Departures

State v. Hall

47 So. 3d 361, 2010 Fla. App. LEXIS 16737, 2010 WL 4365571

District Court of Appeal of Florida | Filed: Nov 5, 2010 | Docket: 2535846

Cited 2 times | Published

circumstances or factors found not to justify mitigation. § 921.002(3). An appellate court reviews a circuit court's

Lavrrick v. State

45 So. 3d 893, 2010 Fla. App. LEXIS 13610, 2010 WL 3564702

District Court of Appeal of Florida | Filed: Sep 15, 2010 | Docket: 1320547

Cited 2 times | Published

has abolished its parole system, see Fla. Stat. § 921.002(1)(e) (2003), a life sentence gives a defendant

State v. Ford

27 So. 3d 725, 2010 Fla. App. LEXIS 910, 2010 WL 363888

District Court of Appeal of Florida | Filed: Feb 3, 2010 | Docket: 1664744

Cited 2 times | Published

of sentencing is to punish the offender." Section 921.002(1)(b), Fla. Stat. (2009). Therefore, a trial

Bracero v. State

14 So. 3d 1058, 2009 Fla. App. LEXIS 6955, 2009 WL 1491443

District Court of Appeal of Florida | Filed: May 29, 2009 | Docket: 1650056

Cited 2 times | Published

governed by the Criminal Punishment Code. See § 921.002, Fla. Stat. (2002) (stating effective date of

Coggins v. State

921 So. 2d 758, 2006 WL 397476

District Court of Appeal of Florida | Filed: Feb 22, 2006 | Docket: 1658255

Cited 2 times | Published

that were committed on or after October 1, 1998. § 921.002, Fla. Stat. (1999). Thus, Appellant was sentenced

Daniels v. State

870 So. 2d 250, 2004 WL 591027

District Court of Appeal of Florida | Filed: Mar 26, 2004 | Docket: 1697904

Cited 2 times | Published

length of a prison sentence for that offense. See § 921.002(1)(g), Fla. Stat. (2003). [3] Under the guidelines

Moore v. State

859 So. 2d 613, 2003 WL 22799303

District Court of Appeal of Florida | Filed: Nov 26, 2003 | Docket: 1284567

Cited 2 times | Published

1st DCA 1999) (citations omitted). See also § 921.002(1), Fla. Stat. (1999) ("The provision of criminal

State v. Laroe

821 So. 2d 1199, 2002 WL 1723758

District Court of Appeal of Florida | Filed: Jul 26, 2002 | Docket: 1236000

Cited 2 times | Published

valid reason for a downward departure. See e.g., § 921.002(1)(f) & (3), Fla. Stat. (1999); State v. Henderson

Nettles v. State

819 So. 2d 243, 2002 WL 1307481

District Court of Appeal of Florida | Filed: Jun 17, 2002 | Docket: 1750083

Cited 2 times | Published

refers to the "former sentencing guidelines." § 921.002(2), Fla. Stat. (2000). Moreover, this court has

Thomas v. State

805 So. 2d 850, 2001 WL 912755

District Court of Appeal of Florida | Filed: Aug 15, 2001 | Docket: 522533

Cited 2 times | Published

given the statutory maximum for his offenses. See § 921.002(g), Fla. Stat. (1999). Thomas also claims that

State v. Stanton

781 So. 2d 1129, 2001 WL 173273

District Court of Appeal of Florida | Filed: Feb 23, 2001 | Docket: 1293688

Cited 2 times | Published

denied the motion and this appeal followed. Section 921.002(1), Florida Statutes (1998) allows the sentencing

Champagne v. State

269 So. 3d 629

District Court of Appeal of Florida | Filed: Apr 24, 2019 | Docket: 64712522

Cited 1 times | Published

purpose of sentencing is to punish the offender." § 921.002(1)(b). It also provides that "[t]he penalty imposed

TIMOTHY TURNER v. STATE OF FLORIDA

261 So. 3d 729

District Court of Appeal of Florida | Filed: Dec 19, 2018 | Docket: 8431873

Cited 1 times | Published

properly addressed by the Legislature." § 921.002(1); see also Woods v. State, 740 So. 2d 20, 23

State v. Baron C. Rogers

250 So. 3d 821

District Court of Appeal of Florida | Filed: Jun 25, 2018 | Docket: 7371121

Cited 1 times | Published

punish miscreants for their crimes. § 921.002(1)(b), Fla. Stat. (2011) (“The primary

STATE OF FLORIDA v. JACOB LACKEY

248 So. 3d 1222

District Court of Appeal of Florida | Filed: Jun 1, 2018 | Docket: 7002807

Cited 1 times | Published

provided no written findings as required under section 921.002(1)(f), Florida Statutes (2015). Cf. State v

Bowen v. State

196 So. 3d 567, 2016 Fla. App. LEXIS 11430, 2016 WL 4035629

District Court of Appeal of Florida | Filed: Jul 27, 2016 | Docket: 60256105

Cited 1 times | Published

noncapital felonies in the State of Florida. See § 921.002(l)(e), Fla. Stat. (2014) (“The provisions of chapter

Branton v. State

187 So. 3d 382, 2016 Fla. App. LEXIS 4239, 2016 WL 1062742

District Court of Appeal of Florida | Filed: Mar 18, 2016 | Docket: 60254047

Cited 1 times | Published

964 So.2d 881, 884 (Fla. 3d DCA 2007) (citing § 921.002(l)(g), Fla. Stat. (2006)). The court has the discretion

MacIntosh v. State

182 So. 3d 888, 2016 Fla. App. LEXIS 314, 2016 WL 81610

District Court of Appeal of Florida | Filed: Jan 8, 2016 | Docket: 60252825

Cited 1 times | Published

authorized by the Criminal Punishment. Code, section 921.002, Florida Statutes (2014), Macintosh correctly

State of Florida v. Vernal Murray

161 So. 3d 1287, 2015 Fla. App. LEXIS 5114

District Court of Appeal of Florida | Filed: Apr 8, 2015 | Docket: 2679407

Cited 1 times | Published

of the sentence.” § 921.002(1)(f), Fla. Stat. (2013); see also § 921.002(3), Fla. Stat. (2013)

Reginald L. Bryant v. State of Florida

148 So. 3d 1251, 39 Fla. L. Weekly Supp. 591, 2014 Fla. LEXIS 2970, 2014 WL 5026405

Supreme Court of Florida | Filed: Oct 9, 2014 | Docket: 1437947

Cited 1 times | Published

but is subordinate to the goal of punishment.” § 921.002(l)(b), Fla. Stat. (Supp.1998). “The penalty imposed

State v. Davis

141 So. 3d 1230, 2014 WL 2874294, 2014 Fla. App. LEXIS 9551

District Court of Appeal of Florida | Filed: Jun 25, 2014 | Docket: 60241771

Cited 1 times | Published

or factors found not to justify mitigation.” § 921.002(3), Fla. Stat. (2012). Under subsection (j), the

Bautista v. State

128 So. 3d 117, 2013 WL 5628724, 2013 Fla. App. LEXIS 16393

District Court of Appeal of Florida | Filed: Oct 16, 2013 | Docket: 60236961

Cited 1 times | Published

misdemeanor conviction was not subject to the Code. § 921.002, Fla. Stat. (2004). We affirm the remainder of

State v. Martinez

103 So. 3d 1013, 2012 Fla. App. LEXIS 21989, 2012 WL 6682018

District Court of Appeal of Florida | Filed: Dec 26, 2012 | Docket: 60226838

Cited 1 times | Published

conclusively established, without more, by section 921.002, Florida Statutes (2009), which provides: The

Arrington v. State

113 So. 3d 20, 2012 WL 130276, 2012 Fla. App. LEXIS 536

District Court of Appeal of Florida | Filed: Jan 18, 2012 | Docket: 60231467

Cited 1 times | Published

04(l)(b), 775.082(1), 775.082(2), Fla. Stat. (2006); § 921.002(l)(e), Fla. Stat. (2003) (abolishing parole in

McCullum v. State

60 So. 3d 502, 2011 Fla. App. LEXIS 5639, 2011 WL 1501997

District Court of Appeal of Florida | Filed: Apr 21, 2011 | Docket: 60300238

Cited 1 times | Published

Florida has abolished its parole system, see § 921.002(l)(e) Fla. Stat. (2003), the appellant — a juvenile

Horne v. State

35 So. 3d 40, 2010 Fla. App. LEXIS 1807, 2010 WL 567196

District Court of Appeal of Florida | Filed: Feb 19, 2010 | Docket: 1646407

Cited 1 times | Published

felonies, committed on or after October 1, 1998." § 921.002, Fla. Stat. (2003). [2] The crime defined in

Shores v. State

15 So. 3d 697, 2009 Fla. App. LEXIS 8506, 2009 WL 1856045

District Court of Appeal of Florida | Filed: Jun 30, 2009 | Docket: 1190874

Cited 1 times | Published

effective date of the Criminal Punishment Code. See § 921.002(1)(g), Fla. Stat. (effective Oct. 1, 1998); Ch

State v. Voight

993 So. 2d 1174, 2008 WL 4820482

District Court of Appeal of Florida | Filed: Nov 7, 2008 | Docket: 1516013

Cited 1 times | Published

valid reason for a downward departure. See e.g., § 921.002(1)(f) & (3), Fla. Stat. (1999); State v. Henderson

Logan v. State

921 So. 2d 556, 2005 WL 2663078

Supreme Court of Florida | Filed: Feb 9, 2006 | Docket: 1660042

Cited 1 times | Published

(2001), also known as the 1983 guidelines, or section 921.002, Florida Statutes (2001), also known as the

State v. Scott

879 So. 2d 99, 2004 WL 1749529

District Court of Appeal of Florida | Filed: Aug 6, 2004 | Docket: 1514419

Cited 1 times | Published

hearing to support the downward departure. Section 921.002(1)(f) provides that "[t]he level of proof necessary

State v. Faulk

840 So. 2d 319, 2003 WL 327514

District Court of Appeal of Florida | Filed: Feb 14, 2003 | Docket: 1748398

Cited 1 times | Published

is not supported by the present record. [1] § 921.002, et seq., Fla. Stat. [2] § 921.0026(2)(a), Fla

Stephens v. State

823 So. 2d 180, 2002 Fla. App. LEXIS 9708, 2002 WL 1477877

District Court of Appeal of Florida | Filed: Jul 11, 2002 | Docket: 64816772

Cited 1 times | Published

pursuant to the Criminal Punishment Code. See § 921.002(l)(g), Fla. Stat. (2002). See also Hall v. State

Maddox v. State

760 So. 2d 89, 25 Fla. L. Weekly Supp. 367, 2000 Fla. LEXIS 906

Supreme Court of Florida | Filed: May 11, 2000 | Docket: 64797897

Cited 1 times | Published

including the statutory maximum for any offense,” section 921.002(l)(g), without requiring the filing of any

Taylor v. State

752 So. 2d 85, 2000 WL 220437

District Court of Appeal of Florida | Filed: Feb 28, 2000 | Docket: 1279839

Cited 1 times | Published

violation of probation or community control." § 921.002(1)(g), Fla. Stat. (1999). But the state's argument

Nicholas G. Coullias v. State of Florida

District Court of Appeal of Florida | Filed: Aug 13, 2025 | Docket: 71098304

Published

Manago, 375 So. 3d 190, 192 (Fla. 2023); see also § 921.002(1), (1)(g), Fla. Stat. While sentencing judges

Jared Cordel Clakley v. State of Florida

District Court of Appeal of Florida | Filed: Jul 30, 2025 | Docket: 70962107

Published

offense when imposing an in-range sentence. See § 921.002(1)(c), Fla. Stat; Garcia v. State, 346 So. 3d

Easterling v. State of Florida

District Court of Appeal of Florida | Filed: May 14, 2025 | Docket: 70259663

Published

Code does not apply to capital felonies. See § 921.002, Fla. Stat. Easterling was convicted only of first

Jules Ducas v. the State of Florida

District Court of Appeal of Florida | Filed: Mar 26, 2025 | Docket: 69793060

Published

consideration when sentencing an adult. See § 921.002(1)(b), Fla. Stat. (2024) (“The primary purpose

Gazoombi v. State of Florida

District Court of Appeal of Florida | Filed: Mar 20, 2025 | Docket: 69760560

Published

maximum (or the ceiling), at the other end. See § 921.002(1)(g), Fla. Stat. (“The trial court judge may

Carissa Parker v. State of Florida

District Court of Appeal of Florida | Filed: Jan 2, 2025 | Docket: 69323778

Published

defendant is a valid sentencing consideration. See § 921.002(1)(c), Fla. Stat. (stating that “the circumstances

Mitchell Robert Landis v. State of Florida

District Court of Appeal of Florida | Filed: Dec 11, 2024 | Docket: 69455586

Published

crimes for which appellant was being sentenced. § 921.002(1)(c), Fla. Stat. (2022); Fla. R. Crim. P. 3.701(b)(3)

Carissa Parker v. State of Florida

District Court of Appeal of Florida | Filed: Oct 30, 2024 | Docket: 69323778

Published

defendant is a valid sentencing consideration. See § 921.002(1)(c), Fla. Stat. (stating that “the circumstances

State of Florida v. Darien A. Hauter

District Court of Appeal of Florida | Filed: Aug 19, 2024 | Docket: 69054997

Published

3 on or after October 1, 1998. See § 921.002, Fla. Stat. (2018). The Florida Legislature enacted

Leon Bernard Camel v. State of Florida

District Court of Appeal of Florida | Filed: Jun 12, 2024 | Docket: 68848308

Published

probationer on probation”) (emphasis added); § 921.002(1)(g), Fla. Stat. (stating that under the Criminal

Ronald Stuyvesant Boyd v. State of Florida

District Court of Appeal of Florida | Filed: Jun 5, 2024 | Docket: 68829284

Published

any valid reasons for the sentence imposed. See § 921.002(1)(f), Fla. Stat. (requiring that departures below

JEFFERY GESKE v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jan 12, 2024 | Docket: 63401319

Published

sentence is a preponderance of the evidence." § 921.002(1)(f), Fla. Stat. (2021). Geske contends

ERIC ZONK WARD v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Aug 30, 2023 | Docket: 67744034

Published

those grounds was made to the trial court. See § 921.002(1)(h), Fla. Stat. (2018) (“A sentence may be appealed

Eric Demond Parrish v. State of Florida

District Court of Appeal of Florida | Filed: Sep 28, 2022 | Docket: 65382146

Published

and becomes a productive member of society. See § 921.002(1)(b), Fla. Stat. (stating that rehabilitation

KELLY PETERSON MILLIEN v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Mar 2, 2022 | Docket: 63127636

Published

about a potential statutory conflict between section 921.002(1)(g), Florida Statutes (Supp. 1998) (providing

Alvin Davis v. State of Florida

Supreme Court of Florida | Filed: Dec 2, 2021 | Docket: 61588932

Published

circumstances surrounding’ it.” Id. at 963 (quoting § 921.002(1)(c), Fla. Stat. (2017)). The district court

JOHN POWERS v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 14, 2021 | Docket: 59819924

Published

including the statutory maximum for any offense[,]” § 921.002(1)(g), Fla. Stat. (2011), statutory construction

State of Florida v. Ridge Gabriel

Supreme Court of Florida | Filed: Apr 8, 2021 | Docket: 59804367

Published

offense before the court for sentencing. See also § 921.002(1)(g), Fla. Stat. (2012) (“The trial court judge

CHANTERIA NICOLE LACEY v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Feb 24, 2021 | Docket: 59678206

Published

Criminal Punishment Code (CPC). See generally § 921.002(1)(b), (c), Fla. Stat. (2015). The State asserts

RALPH JAIME GARCIA v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Dec 9, 2020 | Docket: 18726927

Published

not the Criminal Punishment Code, see generally § 921.002, Fla. Stat. (2011); see also § 775.084(4)(h),

Christopher Armstrong v. State of Florida

District Court of Appeal of Florida | Filed: Sep 15, 2020 | Docket: 18439714

Published

imposed within the statutory-maximum term under section 921.002(1)(g), Florida Statutes. Lane v. State, 981

ALEX NICHOLS v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Nov 8, 2019 | Docket: 16445598

Published

offense and the defendant's prior record, see § 921.002(1)(c), (d), Fla. Stat. (2015), consideration

DAVID FOX v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Oct 2, 2019 | Docket: 16280858

Published

nature of the offender’s prior record. § 921.002(1)(b), (c), and (d), Fla. Stat. (2010) . . .

Champagne v. State

269 So. 3d 629

District Court of Appeal of Florida | Filed: Apr 24, 2019 | Docket: 64712523

Published

purpose of sentencing is to punish the offender." § 921.002(1)(b). It also provides that "[t]he penalty imposed

RENALDO CHAMPAGNE v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 24, 2019 | Docket: 14988954

Published

sentencing is to punish the offender." § 921.002(1)(b). It also provides that "[t]he penalty

REGINALD LEE TAYLOR, JR. v. STATE OF FLORIDA

253 So. 3d 631

District Court of Appeal of Florida | Filed: Aug 15, 2018 | Docket: 7664428

Published

offense . . . that is before the court . . . .” § 921.002(1)(g), Fla. Stat. (2014). “The permissible range

TIMOTHY T. BAKER v. STATE OF FLORIDA

250 So. 3d 122

District Court of Appeal of Florida | Filed: Jun 27, 2018 | Docket: 7292497

Published

Appellant’s undisputed criminal history. See § 921.002(1)(d), Fla. Stat.

STATE OF FLORIDA v. BARRY MICHAEL SCHULTZ

238 So. 3d 288

District Court of Appeal of Florida | Filed: Feb 14, 2018 | Docket: 6304699

Published

basis for the downward departures pursuant to section 921.002(3), Florida Statutes (“Any sentence imposed

Vennisee v. State

235 So. 3d 947

District Court of Appeal of Florida | Filed: Oct 11, 2017 | Docket: 6167427

Published

release absent the grant of executive clemency. See § 921.002(l)(c), Fla. Stat. (2003). The United States Supreme

Bynes v. State

212 So. 3d 1134, 2017 Fla. App. LEXIS 3442

District Court of Appeal of Florida | Filed: Mar 15, 2017 | Docket: 60262734

Published

the sentence in accordance with s. 921.0026.” § 921.002(3), Fla. Stat. (2013). Indeed, the trial court

State of Florida v. Toni Marie Sawyer

205 So. 3d 866, 2016 Fla. App. LEXIS 17723

District Court of Appeal of Florida | Filed: Dec 1, 2016 | Docket: 4547458

Published

clinical condition of battered woman’s syndrome. See § 921.002(3), Fla. Stat. (2016) (“The level of proof necessary

Patterson v. State

197 So. 3d 1220, 2016 Fla. App. LEXIS 11359, 2016 WL 4035595

District Court of Appeal of Florida | Filed: Jul 27, 2016 | Docket: 4114277

Published

177 So.3d 95, 96 (Fla. 2d DCA 2015) (quoting § 921.002, Fla. Stat. (1998)). Because Patterson’s offense

Bailey Jr. v. State

199 So. 3d 304, 2016 Fla. App. LEXIS 10686

District Court of Appeal of Florida | Filed: Jul 13, 2016 | Docket: 4110332

Published

purpose of sentencing is to punish the offender,” § 921.002(l)(b), Fla. Stat. (2010), and that under our system

Floyd W. Peterson v. State

193 So. 3d 1034

District Court of Appeal of Florida | Filed: Jun 6, 2016 | Docket: 3079575

Published

this analysis. Id. If it is, and, pursuant to section 921.002(1)(e), Florida Statutes (2002), Peterson serves

Miguel Angel Alfonso-Roche v. State of Florida

199 So. 3d 941, 2016 WL 3065576, 2016 Fla. App. LEXIS 8352

District Court of Appeal of Florida | Filed: Jun 1, 2016 | Docket: 3071354

Published

implement, and revise a sentencing policy.” § 921.002(1), Fla. .Stat. (1998). The Code “embodies” these

Hector Colon v. State of Florida

199 So. 3d 960, 2016 Fla. App. LEXIS 8334, 2016 WL 3065685

District Court of Appeal of Florida | Filed: Jun 1, 2016 | Docket: 3071364

Published

violation of probation or community control.” § 921.002(l)(g), Fla. Stat. (1999) (emphasis added). The

Futo Charles v. State of Florida

District Court of Appeal of Florida | Filed: May 31, 2016 | Docket: 3071375

Published

So. 3d 1174, 1175 (Fla. 4th DCA 2015) (citing § 921.002(g), Fla. Stat. (2012)). The sentencing factors

Futo Charles v. State of Florida

District Court of Appeal of Florida | Filed: May 31, 2016 | Docket: 3071375

Published

So. 3d 1174, 1175 (Fla. 4th DCA 2015) (citing § 921.002(g), Fla. Stat. (2012)). The sentencing factors

Blair v. State

181 So. 3d 1250, 2015 Fla. App. LEXIS 19349, 2015 WL 9437999

District Court of Appeal of Florida | Filed: Dec 28, 2015 | Docket: 60252541

Published

offenses committed on or after October 1, 1998. See § 921.002, Fla. Stat. (2013). In 1998, Mr. Blair pleaded

Miller v. State

177 So. 3d 95, 2015 Fla. App. LEXIS 15347, 2015 WL 6087195

District Court of Appeal of Florida | Filed: Oct 16, 2015 | Docket: 2986200

Published

the criminal punishment code. See § 921.002, Fla. Stat. (2014). That decision was mistaken

Amanda Lee Hobgood v. State

District Court of Appeal of Florida | Filed: Mar 18, 2015 | Docket: 2642462

Published

“lowest permissible sentence.” See id.; see also § 921.002(1)(f), Fla. Stat. (2013) (“Departures below the

State v. Hudson

153 So. 3d 375, 2014 Fla. App. LEXIS 20376, 2014 WL 7156349

District Court of Appeal of Florida | Filed: Dec 17, 2014 | Docket: 2616087

Published

departing downward into writing. See § 921.002(l)(f) (requiring that “[d]epar-tures below the

State v. Montgomery

155 So. 3d 1182, 2014 Fla. App. LEXIS 18194, 2014 WL 5783835

District Court of Appeal of Florida | Filed: Nov 7, 2014 | Docket: 2593754

Published

purpose of sentencing is to punish the offender. § 921.002(l)(b), Fla. Stat. (2011). A settlement and release

State of Florida v. Rodney Larry Robinson

149 So. 3d 1199

District Court of Appeal of Florida | Filed: Nov 5, 2014 | Docket: 2593278

Published

the sentence in accordance with s. 921.0026.” § 921.002(3), Fla. Stat. (2011). The mitigating factors

Javarris Lane v. State of Florida

151 So. 3d 20

District Court of Appeal of Florida | Filed: Oct 12, 2014 | Docket: 1443097

Published

released is at age eighty-five. See § 921.002(1)(e), Fla. Stat. (1998) (providing that parole

Tyner v. State

148 So. 3d 519, 2014 Fla. App. LEXIS 15610, 2014 WL 5011098

District Court of Appeal of Florida | Filed: Oct 8, 2014 | Docket: 1433086

Published

committed on or after October 1, 1998. See § 921.002, Fla. Stat. (2013). Consequently, Tyner should

Cedric Dennard v. State

157 So. 3d 1055, 2014 WL 4082938, 2014 Fla. App. LEXIS 12814

District Court of Appeal of Florida | Filed: Aug 20, 2014 | Docket: 1120041

Published

violation of probation or community control.” § 921.002(l)(g), Fla. Stat. (1999) (emphasis added). The

Treacy v. Lamberti

141 So. 3d 174, 38 Fla. L. Weekly Supp. 703, 2013 Fla. LEXIS 2197, 2013 WL 5567077

Supreme Court of Florida | Filed: Oct 10, 2013 | Docket: 60241813

Published

a sentence for a prisoner’s natural life. See § 921.002(1)(e), Fla. Stat. (2009) (“The sentence imposed

Gautreaux v. State

95 So. 3d 1012, 2012 WL 3629031, 2012 Fla. App. LEXIS 14080

District Court of Appeal of Florida | Filed: Aug 24, 2012 | Docket: 60311049

Published

October 1, 1998, the effective date of the CPC. See § 921.002, Fla. Stat. (2001); Bradley, 998 So.2d at 1214

Chamblee v. State

93 So. 3d 1184, 2012 WL 3193935, 2012 Fla. App. LEXIS 13158

District Court of Appeal of Florida | Filed: Aug 8, 2012 | Docket: 60310488

Published

Code (the Code) for the first-degree felonies. § 921.002, Fla. Stat. (2003). He cites additional grounds

Bradley v. State

998 So. 2d 1213, 2009 WL 187789

District Court of Appeal of Florida | Filed: Jan 28, 2009 | Docket: 1701392

Published

offenses committed on or after October 1, 1998. § 921.002, Fla. Stat. Separate scoresheets should have been

Malone v. State

973 So. 2d 1220, 2008 WL 183496

District Court of Appeal of Florida | Filed: Jan 23, 2008 | Docket: 2544421

Published

appellant's sentence cannot be appealed under section 921.002(1)(h), Florida Statutes, which provides: A

State v. Harvey

909 So. 2d 989, 2005 Fla. App. LEXIS 14279, 2005 WL 2175509

District Court of Appeal of Florida | Filed: Sep 9, 2005 | Docket: 64840245

Published

807 So.2d 122 (Fla. 5th DCA 2002); see also § 921.002(l)(f), (3), Fla. Stat. The legal grounds for a

Smith v. State

902 So. 2d 876, 2005 Fla. App. LEXIS 8212, 2005 WL 1413264

District Court of Appeal of Florida | Filed: May 24, 2005 | Docket: 64838489

Published

PER CURIAM. AFFIRMED. See § 921.002(1)(5), Fla. Stat. (2000); Moore v. State, 882 So.2d 977, 985 (Fla

In re Amendments to the Florida Rules of Criminal Procedure

900 So. 2d 528, 30 Fla. L. Weekly Supp. 244, 2005 Fla. LEXIS 615, 2005 WL 774834

Supreme Court of Florida | Filed: Apr 7, 2005 | Docket: 64837890

Published

Notes 1968 Adoption. To the same effect as section 921.02, Florida Statutes, except the portion reading

Moore v. State

884 So. 2d 1022, 2004 Fla. App. LEXIS 15553, 2004 WL 2480431

District Court of Appeal of Florida | Filed: Oct 12, 2004 | Docket: 64833656

Published

PER CURIAM. AFFIRMED. See § 921.002(g), Fla. Stat. SHARP, W., PALMER and TORPY, JJ., concur.

State v. Fulton

878 So. 2d 485, 2004 Fla. App. LEXIS 11425, 2004 WL 1736798

District Court of Appeal of Florida | Filed: Aug 4, 2004 | Docket: 64831998

Published

imposed by the Criminal Punishment Code. See § 921.002, Fla. Stat. (2003). The time a defendant is required

Cooper v. State

877 So. 2d 752, 2004 Fla. App. LEXIS 8302, 2004 WL 1418055

District Court of Appeal of Florida | Filed: Jun 1, 2004 | Docket: 64831828

Published

PER CURIAM. AFFIRMED. See § 921.002(g), Fla. Stat. (2003); State v. Faulk, 840 So.2d 319 (Fla. 5th DCA

Edwards v. State

865 So. 2d 648, 2004 Fla. App. LEXIS 1574, 2004 WL 256988

District Court of Appeal of Florida | Filed: Feb 13, 2004 | Docket: 64828069

Published

provision of the criminal punishment code, section 921.002(g), Fla. Stat. (1999).” The transcript of the

Miller v. State

821 So. 2d 322, 2002 Fla. App. LEXIS 7644, 2002 WL 1088687

District Court of Appeal of Florida | Filed: May 31, 2002 | Docket: 64816402

Published

argues that the Criminal Punishment Code, section 921.002(1)(h), violates the state constitutional provision

Jackson v. State

817 So. 2d 959, 2002 Fla. App. LEXIS 7210, 2002 WL 1040569

District Court of Appeal of Florida | Filed: May 24, 2002 | Docket: 64815511

Published

before that date. Ch. 97-194, § 1, Laws of Fla. Section 921.002, et seq., The Florida Criminal Punishment Code

State v. Johnson

815 So. 2d 756, 2002 Fla. App. LEXIS 6547, 2002 WL 1159666

District Court of Appeal of Florida | Filed: May 7, 2002 | Docket: 64814877

Published

PER CURIAM., AFFIRMED. See § 921.002(3), Fla.Stat. (2000); Banks v. State, 732 So.2d 1065 (Fla.1999);

Dudley v. State

802 So. 2d 461, 2001 WL 1614162

District Court of Appeal of Florida | Filed: Dec 19, 2001 | Docket: 2577964

Published

provision of the criminal punishment code, section 921.002(1)(g), Florida Statutes (2000). See Willingham

Jenigen v. State

801 So. 2d 156, 2001 Fla. App. LEXIS 16678, 2001 WL 1503190

District Court of Appeal of Florida | Filed: Nov 28, 2001 | Docket: 64810588

Published

of the Florida Criminal Punishment Code. See § 921.002, Fla. Stat. (1997). For crimes committed after

Peterson v. State

775 So. 2d 376, 2000 WL 1727008

District Court of Appeal of Florida | Filed: Jan 24, 2001 | Docket: 1667880

Published

the Criminal Punishment Code, specifically section 921.002(1)(h), which provides: A sentence may be appealed

Filer v. State

776 So. 2d 1023, 2001 Fla. App. LEXIS 436, 2001 WL 45246

District Court of Appeal of Florida | Filed: Jan 22, 2001 | Docket: 64803361

Published

sentenced under the Criminal Punishment Code, section 921.002, Florida Statutes (Supp.1998), that became

McCray v. State

769 So. 2d 1123, 2000 Fla. App. LEXIS 13031, 2000 WL 1475815

District Court of Appeal of Florida | Filed: Oct 6, 2000 | Docket: 64801227

Published

any offense” before the court for sentencing. § 921.002(1)(g), Fla. Stat. (Supp.1998); see §§ 775.082(3)(c)

Green v. State

765 So. 2d 910, 2000 Fla. App. LEXIS 10915, 2000 WL 1206372

District Court of Appeal of Florida | Filed: Aug 25, 2000 | Docket: 64799909

Published

is a fact that Green does not dispute. . See § 921.002(l)(a), Fla. Stat. (1997).

Powers v. State

766 So. 2d 386, 2000 Fla. App. LEXIS 10430, 2000 WL 1251923

District Court of Appeal of Florida | Filed: Aug 8, 2000 | Docket: 64800175

Published

PER CURIAM. AFFIRMED. See § 921.002(l)(g), (h), Fla.Stat. (1997); Skidmore v. State, 688 So.2d 1014

Amendments to Florida Rules of Criminal Procedure 3.670 & 3.700(b)

760 So. 2d 67, 24 Fla. L. Weekly Supp. 527, 1999 Fla. LEXIS 1988, 1999 WL 1029286

Supreme Court of Florida | Filed: Nov 12, 1999 | Docket: 64797895

Published

Notes 1968 Adoption. To the same effect as section 921.02, Florida Statutes, except the portion reading

D.A.C. v. State

728 So. 2d 828, 1999 Fla. App. LEXIS 4189, 1999 WL 177297

District Court of Appeal of Florida | Filed: Apr 1, 1999 | Docket: 64786938

Published

and well-being of the children committed”); cf. § 921.002(1), Fla. Stat. (1997) (“primary purpose of [adult]

Byrd v. State

110 So. 2d 52, 1959 Fla. App. LEXIS 3141

District Court of Appeal of Florida | Filed: Mar 10, 1959 | Docket: 60192190

Published

Perkins v. Mayo, Fla.1957, 92 So.2d 641. . F.S. § 921.02, F.S.A. . Sneed v. Mayo, Fla.1953, 66 So.2d