Florida Statute 921.21 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 921
SENTENCE

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F.S. 921.0021

921.0021 Definitions.—As used in this chapter, for any felony offense, except any capital felony, committed on or after October 1, 1998, the term:

(1) “Additional offense” means any offense other than the primary offense for which an offender is convicted and which is pending before the court for sentencing at the time of the primary offense.

(2) “Conviction” means a determination of guilt that is the result of a plea or a trial, regardless of whether adjudication is withheld.

(3) “Legal status” means an offender’s status if the offender:

(a) Escapes from incarceration;

(b) Flees to avoid prosecution;

(d) Violates any condition of a supersedeas bond;

(e) Is incarcerated;

(f) Is under any form of a pretrial intervention or diversion program; or

(g) Is under any form of court-imposed or postprison release community supervision.

(4) “Primary offense” means the offense at conviction pending before the court for sentencing for which the total sentence points recommend a sanction that is as severe as, or more severe than, the sanction recommended for any other offense committed by the offender and pending before the court at sentencing. Only one count of one offense before the court for sentencing shall be classified as the primary offense.

(5) “Prior record” means a conviction for a crime committed by the offender, as an adult or a juvenile, prior to the time of the primary offense. Convictions by federal, out-of-state, military, or foreign courts, and convictions for violations of county or municipal ordinances that incorporate by reference a penalty under state law, are included in the offender’s prior record. Convictions for offenses committed by the offender more than 10 years before the primary offense are not included in the offender’s prior record if the offender has not been convicted of any other crime for a period of 10 consecutive years from the most recent date of release from confinement, supervision, or sanction, whichever is later, to the date of the primary offense. Juvenile dispositions of offenses committed by the offender within 5 years before the primary offense are included in the offender’s prior record when the offense would have been a crime had the offender been an adult rather than a juvenile. Juvenile dispositions of sexual offenses committed by the offender which were committed 5 years or more before the primary offense are included in the offender’s prior record if the offender has not maintained a conviction-free record, either as an adult or a juvenile, for a period of 5 consecutive years from the most recent date of release from confinement, supervision, or sanction, whichever is later, to the date of the primary offense.

(6) “Community sanction” includes:

(a) Probation.

(b) Community control.

(7)(a) “Victim injury” means the physical injury or death suffered by a person as a direct result of the primary offense, or any additional offense, for which an offender is convicted and which is pending before the court for sentencing at the time of the primary offense.

(b) Except as provided in paragraph (c) or paragraph (d),

1. If the conviction is for an offense involving sexual contact that includes sexual penetration, the sexual penetration must be scored in accordance with the sentence points provided under s. 921.0024 for sexual penetration, regardless of whether there is evidence of any physical injury.

2. If the conviction is for an offense involving sexual contact that does not include sexual penetration, the sexual contact must be scored in accordance with the sentence points provided under s. 921.0024 for sexual contact, regardless of whether there is evidence of any physical injury.

If the victim of an offense involving sexual contact suffers any physical injury as a direct result of the primary offense or any additional offense committed by the offender resulting in conviction, such physical injury must be scored separately and in addition to the points scored for the sexual contact or the sexual penetration.

(c) The sentence points provided under s. 921.0024 for sexual contact or sexual penetration may not be assessed for a violation of s. 944.35(3)(b)2.

(d) If the conviction is for the offense described in s. 872.06, the sentence points provided under s. 921.0024 for sexual contact or sexual penetration may not be assessed.

(e) Notwithstanding paragraph (a), if the conviction is for an offense described in s. 316.027 and the court finds that the offender caused victim injury, sentence points for victim injury may be assessed against the offender.

History.—s. 4, ch. 97-194; s. 3, ch. 98-204; s. 2, ch. 2001-210; s. 4, ch. 2007-211.

F.S. 921.0021 on Google Scholar

F.S. 921.0021 on CourtListener

Amendments to 921.0021

Annotations, Discussions, Cases:

Cases Citing Statute 921.0021

Total Results: 79

Paul Stephens v. Nick Degiovanni, individually

852 F.3d 1298, 2017 U.S. App. LEXIS 5548, 2017 WL 1174381

Court of Appeals for the Eleventh Circuit | Filed: Mar 30, 2017 | Docket: 4658938

Cited 155 times | Published

291(3) (emphasis added); see Fla. Stat. § 921.0021(2) (“ ‘Conviction’ means a determination of guilt

Seagrave v. State

802 So. 2d 281, 2001 WL 776269

Supreme Court of Florida | Filed: Jul 12, 2001 | Docket: 1699005

Cited 71 times | Published

(1997)); see also § 921.0027, Fla. Stat. (1999). Section 921.0021, Florida Statutes (2000) provides for the

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

the statutory definition of “conviction” in section 921.0021, Florida Statutes (2002), includes those felonies

Montgomery v. State

897 So. 2d 1282, 2005 WL 610049

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

Cited 21 times | Published

sentence. See § 921.0014, Fla. Stat. (2002). Section 921.0021 defines a conviction as "a determination of

Sanders v. State

35 So. 3d 864, 35 Fla. L. Weekly Supp. 219, 2010 Fla. LEXIS 645, 2010 WL 1609876

Supreme Court of Florida | Filed: Apr 22, 2010 | Docket: 456324

Cited 20 times | Published

definition of "additional offense" set out in section 921.0021, Florida Statutes (1999). Accordingly, we

McRae v. State

383 So. 2d 289

District Court of Appeal of Florida | Filed: May 7, 1980 | Docket: 1512439

Cited 20 times | Published

discretion of the Probation and Parole Commission. § 921.21, Fla. Stat. (1977). Accordingly, appellant's judgments

Sims v. State

998 So. 2d 494, 2008 WL 4354880

Supreme Court of Florida | Filed: Sep 25, 2008 | Docket: 2527438

Cited 14 times | Published

arguably included the "direct result" language of section 921.0021, Florida Statutes (2001). The trial court

Nettles v. State

850 So. 2d 487, 2003 WL 21467521

Supreme Court of Florida | Filed: Jun 26, 2003 | Docket: 1783362

Cited 11 times | Published

an identical manner. Compare § 921.0011 with § 921.0021. Moreover, the same offense severity ranking

Griffis v. State

759 So. 2d 668, 2000 WL 633017

Supreme Court of Florida | Filed: May 18, 2000 | Docket: 1736344

Cited 11 times | Published

See § 921.0011, Fla. Stat. (1997). [12] See § 921.0021, Fla. Stat. (1997). [13] See, e.g., Bretti v

Knarich v. State

866 So. 2d 165, 2004 WL 314515

District Court of Appeal of Florida | Filed: Feb 20, 2004 | Docket: 1273790

Cited 10 times | Published

on his touching of the victim's buttocks. Section 921.0021(7)(b), Florida Statutes (1997), provides for

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

acquitted him of all murder charges. We agree. Section 921.0021(7)(a), Fla. Stat. (2006) defines victim injury

Montgomery v. State

821 So. 2d 464, 2002 WL 1625469

District Court of Appeal of Florida | Filed: Jul 24, 2002 | Docket: 1236529

Cited 7 times | Published

conviction for purposes of preparing a scoresheet. Section 921.0021(2), Florida Statutes (1999) defines conviction

Bolding v. State

28 So. 3d 956, 2010 Fla. App. LEXIS 2082, 2010 WL 624230

District Court of Appeal of Florida | Filed: Feb 24, 2010 | Docket: 1167626

Cited 6 times | Published

the statutory definition of "conviction." Section 921.0021, Florida Statutes (2008), defines "conviction"

Moses v. State

13 So. 3d 490, 2009 Fla. App. LEXIS 6042, 2009 WL 1456732

District Court of Appeal of Florida | Filed: May 27, 2009 | Docket: 1188418

Cited 6 times | Published

definition of "additional offense" provided by section 921.0021(1), Florida Statutes, and Florida Rule of

Rogers v. State

963 So. 2d 328, 2007 WL 2330927

District Court of Appeal of Florida | Filed: Aug 17, 2007 | Docket: 1697317

Cited 6 times | Published

information. 1. The Basis for Victim Injury Points Section 921.0021(7), Florida Statutes (2003), provides the

Philippe v. State

795 So. 2d 173, 2001 WL 1009321

District Court of Appeal of Florida | Filed: Sep 5, 2001 | Docket: 1253278

Cited 6 times | Published

principal, victim injury points were also scored. See § 921.0021(7)(a), Fla. Stat.(2000); Fla. R.Crim. P. 3.703(d)(9);

Tasker v. State

48 So. 3d 798, 35 Fla. L. Weekly Supp. 658, 2010 Fla. LEXIS 1936, 2010 WL 4483514

Supreme Court of Florida | Filed: Nov 10, 2010 | Docket: 60296624

Cited 5 times | Published

POLSTON, J., dissenting with an opinion. . Section 921.0021(7)(b)(2), Florida Statutes (2004), provides

Heck v. State

966 So. 2d 515, 2007 WL 3087411

District Court of Appeal of Florida | Filed: Oct 24, 2007 | Docket: 1679460

Cited 4 times | Published

during subsequent sentencing proceedings. Section 921.0021(2), Florida Statutes, defines a "conviction"

Walker v. State

880 So. 2d 1262, 2004 WL 1932726

District Court of Appeal of Florida | Filed: Sep 1, 2004 | Docket: 1689210

Cited 4 times | Published

704(d)(6) is the same as that set forth in section 921.0021(2), Florida Statutes (1999). The rule and

Sims v. State

869 So. 2d 45, 2004 WL 399217

District Court of Appeal of Florida | Filed: Mar 5, 2004 | Docket: 1653982

Cited 4 times | Published

discretion, and that no abuse has been shown. Section 921.0021(7)(a) defines victim injury as: The physical

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

” and not subsequent to the primary offense. § 921.0021(5), Fla. Stat. (2010). Additionally, the terms

Sanders v. State

16 So. 3d 232, 2009 Fla. App. LEXIS 11570, 2009 WL 2514170

District Court of Appeal of Florida | Filed: Aug 19, 2009 | Docket: 1640821

Cited 3 times | Published

third-degree felonies as additional offenses. See § 921.0021(1), Fla. Stat. (1999) (defining an additional

Graham v. State

950 So. 2d 526, 2007 WL 750396

District Court of Appeal of Florida | Filed: Mar 14, 2007 | Docket: 2584879

Cited 3 times | Published

See § 921.0021, Fla. Stat. (2005); rule 3.704, Fla. R.Crim. P. Florida Statutes section 921.0021 provides

Chapman v. State

885 So. 2d 475, 2004 WL 2409352

District Court of Appeal of Florida | Filed: Oct 29, 2004 | Docket: 1286845

Cited 3 times | Published

which the offender has not been convicted." Section 921.0021(7)(a), Florida Statutes (1999), defines victim

ANTHONY CHAS PARR v. STATE OF FLORIDA

247 So. 3d 550

District Court of Appeal of Florida | Filed: May 23, 2018 | Docket: 6862857

Cited 2 times | Published

years prior to the primary offense. See § 921.0021(5), Fla. Stat. (2016). Such convictions

Halfacre v. State

24 So. 3d 795, 2009 Fla. App. LEXIS 20566, 2009 WL 5150262

District Court of Appeal of Florida | Filed: Dec 31, 2009 | Docket: 1152159

Cited 2 times | Published

. prior to the time of the primary offense." § 921.0021(5), Fla. Stat. (2003). Halfacre is correct that

DEPARTMENT OF HIGHWAY SAFETY v. Rosenthal

908 So. 2d 602, 2005 WL 1993509

District Court of Appeal of Florida | Filed: Aug 19, 2005 | Docket: 1397395

Cited 2 times | Published

So.2d 1282 (Fla.2005) (holding that under section 921.0021(5), Florida Statutes (2002), "no contest plea

State v. Alberto

847 So. 2d 1091, 2003 WL 21396013

District Court of Appeal of Florida | Filed: Jun 18, 2003 | Docket: 1289917

Cited 2 times | Published

they qualified as "additional offenses" under section 921.0021(1), Florida Statutes (2001). Nevertheless

Sumpter v. State

838 So. 2d 624, 2003 WL 469699

District Court of Appeal of Florida | Filed: Feb 26, 2003 | Docket: 1513725

Cited 2 times | Published

prior offense. See Fla. R. Crim P. 3.704(d)(14); § 921.0021(5), Fla. Stat. (2001); see also Sumpter v. State

Champagne v. State

269 So. 3d 629

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

Cited 1 times | Published

and pending before the court at sentencing." § 921.0021(4). "Prior record" is defined as "a conviction

EDDIE ISAAC BEAN v. STATE OF FLORIDA

264 So. 3d 947

District Court of Appeal of Florida | Filed: Jan 9, 2019 | Docket: 8485203

Cited 1 times | Published

victim’s injury is severe, moderate, or slight. See § 921.0021(7)(a), Fla. Stat. (“‘Victim Injury’ means the

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

subsequent to the primary offense." (quoting § 921.0021(5), Fla. Stat. (2010)); see also § 921.231(1)(c)

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

subsequent to the primary offense." (quoting § 921.0021(5), Fla. Stat. (2010)); see also § 921.231(1)(c)

In Re Standard Jury Instructions in Criminal Cases—Report No. 2016-08

211 So. 3d 995

Supreme Court of Florida | Filed: Feb 23, 2017 | Docket: 4609133

Cited 1 times | Published

the adult-on-minor sex offense multiplier in § 921.0021(1)(b), Fla. Stat., instruct as folloivs. Alleyne

State v. Hodges

151 So. 3d 531, 2014 Fla. App. LEXIS 18400, 2014 WL 5836122

District Court of Appeal of Florida | Filed: Nov 12, 2014 | Docket: 2595526

Cited 1 times | Published

the Criminal Punishment Code. Specifically, section 921.0021(5) provides a definition for “prior record”

Bryant v. State

37 So. 3d 269, 2009 Fla. App. LEXIS 20398, 2009 WL 5126371

District Court of Appeal of Florida | Filed: Dec 30, 2009 | Docket: 1668533

Cited 1 times | Published

scoresheet included two offenses in violation of section 921.0021(5), Florida Statutes (2008). That statute

McMillan v. State

896 So. 2d 873, 2005 WL 433189

District Court of Appeal of Florida | Filed: Feb 25, 2005 | Docket: 1683490

Cited 1 times | Published

on the criminal punishment code scoresheet. Section 921.0021(7)(a), Florida Statutes (1999), defines victim

Handley v. State

890 So. 2d 529, 2005 WL 26749

District Court of Appeal of Florida | Filed: Jan 7, 2005 | Docket: 1289863

Cited 1 times | Published

limit allowed for scoring such offenses. See § 921.0021(5), Fla. Stat. (2000). The State argued, however

Perry v. State

892 So. 2d 1062, 29 Fla. L. Weekly Fed. D 2624

District Court of Appeal of Florida | Filed: Nov 19, 2004 | Docket: 471839

Cited 1 times | Published

withheld." Montgomery, 821 So.2d at 465 (citing section 921.0021(2), Florida Statutes (1999)). Likewise, the

Vonador v. State

857 So. 2d 323, 2003 Fla. App. LEXIS 15217, 2003 WL 22316908

District Court of Appeal of Florida | Filed: Oct 10, 2003 | Docket: 64825885

Cited 1 times | Published

Vonador’s motion, citing the provision of section 921.0021(5), Florida Statutes (2001-2003), which states

Chang v. State of Florida

District Court of Appeal of Florida | Filed: May 14, 2025 | Docket: 70260115

Published

raises two facial constitutional challenges to section 921.0021(7)(e), Florida Statutes (2022). He also challenges

Jules Ducas v. the State of Florida

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

Published

and not after the primary offense. Id. (quoting § 921.0021(5), Fla. Stat. (2010)). Indeed, the Florida

Maxwell v. State of Florida

District Court of Appeal of Florida | Filed: Apr 10, 2024 | Docket: 68422842

Published

there will be a judgment of conviction. See § 921.0021(2), Fla. Stat. (defining “conviction” to mean

Frank J. Quarles, III v. State of Florida

District Court of Appeal of Florida | Filed: Mar 13, 2024 | Docket: 68335500

Published

argument. We agree and will address briefly. Section 921.0021(5), Florida Statutes (2012), defines a “prior

SHAUN WYRICH v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Sep 1, 2023 | Docket: 65350029

Published

prior to the time of the primary offense." § 921.0021(5), Fla. Stat. (2022).

KELLY PETERSON MILLIEN v. STATE OF FLORIDA

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

Published

the Gabriel opinion guide the analysis. Section 921.0021, Florida Statutes (2015), of the Florida Criminal

State of Florida v. Ridge Gabriel

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

Published

firearm or semiautomatic weapon.” 4. Section 921.0021(4), Florida Statutes (2012), defines “primary

ASHLEY NICOLE MCKENZIE v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Dec 2, 2020 | Docket: 18706938

Published

“prior record.” We agree that this was error. Section 921.0021(5), Florida Statutes (2018), defines “prior

ODELL ERIC BROWN v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Oct 21, 2020 | Docket: 18557492

Published

2 See id.; see also § 921.0021(5), Fla. Stat. (2020) (stating the definition

JASON REAVES v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jul 8, 2020 | Docket: 17330538

Published

“additional offenses” within the meaning of section 921.0021(1), Florida Statutes, because the court no

SHIRLEY COTO v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: May 20, 2020 | Docket: 17178716

Published

pending before the court for sentencing.” Accord § 921.0021(7)(a), Fla. Stat. (2018). These victim injury

MICHAEL ARMAND DELORME v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Mar 4, 2020 | Docket: 16925820

Published

agree the scoresheet was scored improperly. See § 921.0021(1), Fla. Stat. (2011) (defining “[a]dditional

DAVID FOX v. STATE OF FLORIDA

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

Published

” and not subsequent to the primary offense. § 921.0021(5), Fla. Stat. (2010). Additionally,

Kenneth Lee Manhard v. State of Florida

District Court of Appeal of Florida | Filed: Oct 1, 2019 | Docket: 16275550

Published

correct sentence, stating, “the language of [section 921.0021(7)(a), Florida Statutes] imparts no such requirement;

Champagne v. State

269 So. 3d 629

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

Published

and pending before the court at sentencing." § 921.0021(4). "Prior record" is defined as "a conviction

RENALDO CHAMPAGNE v. STATE OF FLORIDA

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

Published

pending before the court at sentencing." § 921.0021(4). "Prior record" is defined as "a

CLINTON JOHNSON v. STATE OF FLORIDA

263 So. 3d 74

District Court of Appeal of Florida | Filed: Jan 9, 2019 | Docket: 8485206

Published

points. o Victim Injury Points Section 921.0021(7)(a), Fla. Stat. (2018) defines “victim injury”

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-09.

262 So. 3d 59

Supreme Court of Florida | Filed: Jan 4, 2019 | Docket: 8498542

Published

*61 § 316.027, Fla. Stat. § 921.0021 (7)(e), Fla. Stat. If you

NORRIS SMITH v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Dec 13, 2017 | Docket: 6240861

Published

to the primary offense.” Id. at 409 (quoting § 921.0021(5), Fla. Stat. (2010)). The supreme court then

William Greene v. State of Florida

186 So. 3d 1099, 2016 Fla. App. LEXIS 3133, 2016 WL 803647

District Court of Appeal of Florida | Filed: Mar 2, 2016 | Docket: 3040730

Published

there is evidence of any physical injury. § 921.0021(7)(a)-(b), Fla. Stat. (2014). Under section 921

Jonathan Somps v. State of Florida

183 So. 3d 1090, 2015 Fla. App. LEXIS 8029, 2015 WL 3396661

District Court of Appeal of Florida | Filed: May 27, 2015 | Docket: 2679309

Published

and pending before the court at sentencing.” § 921.0021(4), Fla. Stat. An additional offense is “any

Rochelle Hawkins v. State of Florida

162 So. 3d 1099

District Court of Appeal of Florida | Filed: Apr 16, 2015 | Docket: 2650241

Published

juvenile, prior to the time of the primary offense.” § 921.0021(5), Fla. Stat. (2013). Similarly, the Florida

State v. Hodges

District Court of Appeal of Florida | Filed: Nov 12, 2014 | Docket: 2606371

Published

the Criminal Punishment Code. Specifically, section 921.0021(5) provides a definition for “prior record”

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

system, there can be only one primary offense. § 921.0021(4), Fla. Stat. (1999) (“Only one count of one

Hicks v. State

112 So. 3d 567, 2013 WL 1440056, 2013 Fla. App. LEXIS 5732

District Court of Appeal of Florida | Filed: Apr 10, 2013 | Docket: 60231155

Published

convicted of at the time of sentencing in this case. § 921.0021(1), Fla. Stat. (2009); Fla. R. Crim. P. 3.704(d)

Price v. State

43 So. 3d 854, 2010 Fla. App. LEXIS 12916, 2010 WL 3446663

District Court of Appeal of Florida | Filed: Sep 3, 2010 | Docket: 1927866

Published

section 943.0435 is essentially the same as the section 921.0021 definition of conviction, Montgomery supports

Shorter v. State

14 So. 3d 1063, 2009 Fla. App. LEXIS 6934, 2009 WL 1491718

District Court of Appeal of Florida | Filed: May 29, 2009 | Docket: 1650070

Published

points in sentencing Shorter for child abuse. See § 921.0021(7)(a), Fla. Stat. (2002) ("`Victim injury' means

Washington v. State

988 So. 2d 724, 2008 Fla. App. LEXIS 12350

District Court of Appeal of Florida | Filed: Aug 20, 2008 | Docket: 64855501

Published

897 So.2d 1282 (Fla.2005) (recognizing that § 921.0021(2) (2002) defines conviction to include withhold

Washington v. State

988 So. 2d 724, 2008 WL 3850827

District Court of Appeal of Florida | Filed: Aug 20, 2008 | Docket: 1385180

Published

897 So.2d 1282 (Fla. 2005) (recognizing that § 921.0021(2) (2002) defines conviction to include withhold

Leveille v. State

927 So. 2d 1008, 2006 Fla. App. LEXIS 5635, 2006 WL 1007249

District Court of Appeal of Florida | Filed: Apr 19, 2006 | Docket: 64844469

Published

offense included sexual contact. This was error. Section 921.0021(7), Florida Statutes, provides: (7)(a) “Victim

Walkes v. State

923 So. 2d 555, 2006 Fla. App. LEXIS 3615, 2006 WL 625528

District Court of Appeal of Florida | Filed: Mar 15, 2006 | Docket: 64842981

Published

Criminal Punishment Code scoresheet, pursuant to section 921.0021(5), Florida Statutes, because the prior convictions

Graham v. State

920 So. 2d 1262, 2006 Fla. App. LEXIS 2761, 2006 WL 473852

District Court of Appeal of Florida | Filed: Mar 1, 2006 | Docket: 64842459

Published

were incorrectly included as prior record. Section 921.0021(5), Florida Statutes, (2004) provides, in

Lewis v. State

898 So. 2d 1081, 2005 Fla. App. LEXIS 3897, 2005 WL 662704

District Court of Appeal of Florida | Filed: Mar 23, 2005 | Docket: 64837444

Published

victim injury points are inappropriate because section 921.0021(7)(a) prohibits such points from being assessed

Fretwell v. State

852 So. 2d 292, 2003 Fla. App. LEXIS 10213, 2003 WL 21537113

District Court of Appeal of Florida | Filed: Jul 9, 2003 | Docket: 64824357

Published

existing case precedent. Florida Statutes section 921.0021(7) (2002) permits assessing sentence points

Amendments to the Florida Rules of Criminal Procedure

842 So. 2d 110, 28 Fla. L. Weekly Supp. 191, 2003 Fla. LEXIS 260, 2003 WL 548353

Supreme Court of Florida | Filed: Feb 27, 2003 | Docket: 64821970

Published

Code, to comport with a recent amendment to section 921.0021(5), Florida Statutes (2000), which redefines

Amendments to Florida Rules of Criminal Procedure 3.704 & 3.992

810 So. 2d 826, 26 Fla. L. Weekly Supp. 626, 2001 Fla. LEXIS 1929, 2001 WL 1130811

Supreme Court of Florida | Filed: Sep 26, 2001 | Docket: 64813224

Published

Laws of Florida, the Legislature amended section 921.0021(5), Florida Statutes (2000), to allow scoring

Fudge v. State

791 So. 2d 1186, 2001 Fla. App. LEXIS 10389, 2001 WL 844407

District Court of Appeal of Florida | Filed: Jul 27, 2001 | Docket: 64807581

Published

acknowledge that the introductory language in section 921.0021 tends to support Fudge’s argument that additional

Vargas v. State

793 So. 2d 1062, 2001 Fla. App. LEXIS 10344, 2001 WL 830530

District Court of Appeal of Florida | Filed: Jul 25, 2001 | Docket: 64808200

Published

guideline range of his original scoresheet. See § 921.0021(5), Fla. Stat. (1999). The sentence is reversed

McRae v. State

408 So. 2d 775, 1982 Fla. App. LEXIS 18974

District Court of Appeal of Florida | Filed: Jan 13, 1982 | Docket: 64587331

Published

discretion of the Parole and Probation Commission. § 921.21, Fla.Stat. (1979). Accordingly, the judgment and