Florida/Georgia Personal Injury & Workers Compensation

...then have the trial court adjudicate her guilty of grand theft, which in this case is a second-degree felony. Although dealing in stolen property is also a second-degree felony, grand theft carries a higher offense severity rating at sentencing. See § 921.0022(2),(3)(e) & (f), Fla....

...[10] A comparison of the sentencing guidelines and the CPC indicates that the same terms are used in both and defined in an identical manner. Compare § 921.0011 with § 921.0021. Moreover, the same offense severity ranking chart is used in both sections of the statutes. Compare § 921.0012 with § 921.0022.

...The state charged the defendant with possession of diazepam with intent to sell, which violates section 893.13(1)(a)(2), because diazepam is a schedule IV controlled substance under section 893.03(4)(p). Thus, the charged crime was a third-degree, level three felony under the offense severity ranking chart in section 921.0022(3)(c)....

...Florida Statutes (1987), eight counts of robbery with a weapon under section 812.13(2)(b), one count of simple robbery under section 812.13(2)(c), and one count of carrying a concealed firearm under section 790.01(2), Florida Statutes (1987). Under section 921.0022, Florida Statutes (1997), [1] the convictions for robbery with a firearm are level 9 offenses, the convictions for robbery with a weapon are level 8 offenses, the conviction for simple robbery is a level 6 offense, and the concealed firearm conviction is a level 5 offense....

...lts in, or could reasonably be expected to result in, serious physical or mental injury, or a substantial risk of death, to a child.”). Florida's legislature has assigned heightened point levels for the crime of aggravated manslaughter of a child. § 921.0022, Fla....

...White the minimum mandatory on this is 25 years, but part of the plea negotiations between [defense counsel] and myself, we agreed to reduce that to a 20 year minimum mandatory. The scoresheet prepared by the State also correctly scored the attempted felony murder as a category "9" offense, which under section 921.0022, Florida Statutes (2001), specifies that attempted felony murder under section 782.051(1) is a first degree felony, scored as a category "9" offense....

...Consistent with this construction that retail theft in concert with others is the greater offense, the legislature has assigned a lower severity ranking to third-degree grand theft (level 2 offense) than to third-degree felony retail theft (level 5 offense). See § 921.0022, Fla....

...As the state concedes, appellant should be resentenced under a corrected scoresheet. The primary offense was incorrectly scored. Appellant was convicted of robbery while wearing a mask under section 812.13(2)(c), Florida Statutes (2001). The offense level for this type of robbery is six. See § 921.0022(3)(f), Fla. Stat. (2001). Applying section 775.0845, Florida Statutes (2001), the robbery is "reclassified" and "ranked one level above the ranking under... s. 921.0022 ...," resulting in a level of seven....

...In 1995, section 775.0845, Florida *625 Statutes (1995) was amended to clarify that "[f]or the purposes of sentencing under chapter 921 ... a felony offense that is reclassified under this subsection is ranked one level above the ranking under ... s. 921.0022 of the offense committed." (Emphasis added)....

...Alexander Walker, Jr., appeals a judgment for trafficking in heroin and the resulting sentence of life imprisonment as a habitual felony offender. We affirm without further discussion the conviction. However, we reverse the sentence and remand for resentencing within the Criminal Punishment Code guidelines. See § 921.0022, Fla....

...anor counts are each assigned a point value of 0.2. § 921.0024(1)(a), Fla. Stat. (2001). Deriving support from the proceeds of prostitution is a third-degree felony, § 796.05(2), Fla. Stat. (2001), and is a level 3 offense for scoresheet purposes, § 921.0022(3)(c)....

...unless in conflict with the provisions of this rule or the 1998 Criminal Punishment Code. (c) Offense Severity Ranking. (1) Felony offenses subject to the 1998 Criminal Punishment Code are listed in a single offense severity ranking chart located at section 921.0022, Florida Statutes....

...dle column of the chart determine whether felony offenses are specifically listed in the offense severity ranking chart and the appropriate severity level. The language in the right column is merely descriptive. *266 (2)Felony offenses not listed in section 921.0022 are assigned a severity level in accordance with section 921.0023, Florida Statutes, as follows: (A) A felony of the third degree within offense level 1....

...scoresheet designation of his conviction as a life felony, the record demonstrates that this designation had no effect on the amount of points actually assessed. Home invasion robbery with a firearm is a level ten offense for which 116 points were properly charged. § 921.0022(3)(j), Fla. Stat....

...Existing case law construing the application of sentencing guidelines will continue as precedent unless in conflict with the provisions of this rule or the 1998 Criminal Punishment Code. (c) Offense Severity Ranking. (1) [No Changes] (2) Felony offenses not listed in section 921.0022 are assigned a severity level in accordance with section 921.0023, Florida Statutes, as follows: (A) Aa felony of the third degree within offense level 1.; (B) Aa felony of the seco...

...onviction for a second degree felony rather than a first degree felony. See § 794.011(5), Fla. Stat. (2012). No change in the lowest permissible sentence is necessary, because it was scored as a level eight offense on the sentencing scoresheet. See § 921.0022(3)(h), Fla....

...rs sentence ranging from 22.3 years to life imprisonment without the possibility of parole.4 A sentencing judge 3. Landrum was also convicted of the offense of tampering with physical evidence. See § 918.13, Fla. Stat. (2004). 4. See § 921.0022, Fla....

...fective October 1, 1995, by adding the following sentence at its end: "For purposes of sentencing under chapter 921..., a felony offense that is reclassified under this subsection is ranked one level above the ranking under s. 921.0012, s. 921.0013, s. 921.0022 or s....

...13, because of a reclassification of the degree of felony pursuant to section 775.0845, section 775.087, section 775.0875 or section 794.023." (Emphases supplied.) We note that language corresponding to the latter rule provision has been included in section 921.0022(2), Florida Statutes (Supp.1998)....

...Kennedy's reliance on Preston is erroneous for several reasons. First, the offense of conspiracy to traffic in drugs is to be treated the same, for sentencing purposes, as the underlying offense, and the inchoate offense is not an "unlisted offense" for purposes of severity ranking. See § 921.0022, Fla....

...al sentence points on his Criminal Punishment Scoresheet is not affected by vacating the jury's special finding under section 782.065 because the severity level for that offense is not affected by whether the victim is a law enforcement officer. See § 921.0022, Fla....

...unless in conflict with the provisions of this rule or the 1998 Criminal Punishment Code. (c) Offense Severity Ranking. (1) Felony offenses subject to the 1998 Criminal Punishment Code are listed in a single offense severity ranking chart located at section 921.0022, Florida Statutes....

...middle column of the chart determine whether felony offenses are specifically listed in the offense severity ranking chart and the appropriate severity level. The language in the right column is merely descriptive. (2) Felony offenses not listed in section 921.0022 are assigned a severity level in accordance with 921.0023, Florida Statutes, as follows: (A) A felony of the third degree within offense level 1....

...The lesser offense is either the offense of a lesser degree—here, the third- degree grand theft rather than the second-degree dealing in stolen property—or, if the offenses are of the same degree, the offense with the lesser severity ranking under the Criminal Punishment Code. See § 921.0022(3)(a), Fla....

...We clarify that the offense of attempted tampering with jurors is a third-degree felony. See § 777.04(4)(d), Fla. Stat. (2013) (providing that "if the offense attempted . . . is a . . . [f]elony of the third degree ranked in level 3, 4, 5, 6, 7, 8, 9, or 10 under s. 921.0022 or s. 921.0023, the offense of criminal attempt . . . is a felony of the third degree"); § 921.0022(3)(d), Fla....

...Normally, the remedy would be vacation of the lesser offense. Delgado, 174 So. 3d at 1073. Here, both counts involved are third-degree felonies; however, count four is a “level six” felony for scoresheet purposes, while count six is a lower-scoring “level four” felony. § 921.0022(d)- (f), Fla....

...It is a second degree felony in other cases and may be punished by a term of imprisonment up to 15 years. FLA. STAT. §§ 794.011(5) and 775.082(3)(a)3.(c). Even this last and lesser form of sexual battery is treated as a level 8 offense, where 10 is the most severe. FLA.STAT. § 921.0022(3)....

PER CURIAM. AFFIRMED. See Section 921.0022, Fla....

...See § 787.01(2), Fla. Stat. BARFIELD, C.J., and ALLEN, J„ concur. . Subsection (2)(a) criminalizes carjacking with a firearm or weapon, with which the State originally charged the appellant. The offense in subsection (2)(a) is a Level 9 offense under section 921.0022(3), Florida Statutes, and "a felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment or as provided in s. 775.082, s. 775.083, or s. 775.084 .” In contrast, subsection (2)(b) is a Level 7 offense under section 921.0022(3), Florida Statutes, and “a felony of the first degree, punishable as provided in s....

sexual penetration. § 921.0022(7), Fla. Stat. Pursuant to § 921.0022(7), Fla. Stat., sexual

...An allegation of scoresheet error presents a pure issue of law reviewed de novo. Somps v. State, 183 So. 3d 1090, 1092 (Fla. 4th DCA 2015). The Criminal Punishment Code ranks the severity of felony offenses on a scale of level 1 to 10, with 10 being the most severe. § 921.0022(2), Fla. Stat. The offense severity ranking chart has three columns identifying the applicable statute, degree of felony, and a description of the categorized offense. § 921.0022(3), Fla. Stat. (2019). A point value is assigned to each level. § 921.0024(1)(a), Fla. Stat. (2019). A level 3 primary offense scores 16 points, while a level 1 primary offense scores 4 points. Id. Two portions of the severity ranking chart in section 921.0022(3) are relevant to appellant’s claim....

...1 ranking is limited to possession of cannabis, while the level 3 ranking is intended for all other possession offenses, including possession of heroin. The statute and ranking chart were both enacted by the legislature in sections 893.13(6)(a) and 921.0022(3), respectively, and demonstrate an intent for possession of all controlled substance offenses to be treated the same except for felony possession of cannabis cases, which the legislature desired to treat less severely. Appellant argues...

...offenses, the numerical statutory references in the left column of the chart and the felony degree designations in the middle column of the chart are controlling; the language in the right column of the chart is provided solely for descriptive purposes. § 921.0022(2), Fla....

...ri materia”); Hayes v. State, 750 So. 2d 1, 3 (Fla. 1999) (reading related statutory 4 provisions in pari materia to achieve a consistent whole). By reviewing in pari materia the related statutes of sections 921.0022(2), 921.0022(3), and 893.13(6)(a), the legislature was stating that only felony possession of cannabis should be a level 1 for the purposes of the sentencing guidelines.1 In further support of his position, appellant relies on Hicks v....

...scoresheet designation of his conviction as a life felony, the record demonstrates that this designation had no effect on the amount of points actually assessed. Home invasion robbery with a firearm is a level ten offense for which 116 points were properly charged. § 921.0022(3)(j), Fla. Stat....

...3 the Criminal Punishment Code for the offenses committed in 1997. See § 921.001(4)(b)2., Fla. Stat. (1997) (“The 1994 guidelines apply to sentencing for all felonies, except capital felonies, committed on or after January 1, 1994.”); § 921.0022, Fla....

...Existing case law construing the application of sentencing guidelines will continue as precedent unless in conflict with the provisions of this rule or the 1998 Criminal Punishment Code. (c) Offense Severity Ranking. (1) [No Changes] (2) Felony offenses not listed in section 921.0022 are assigned a severity level in accordance with section 921.0023, Florida Statutes, as follows: (A) Aa felony of the third degree within offense level 1.; (B) Aa felony of the seco...

...me and the criminal. In short, there should be no “breaks” given to Bailey simply because the crime he committed might generically be referred to as “white collar.” This is not a valid consideration under the Criminal Punishment Code, see section 921.0022, Florida Statutes (2010), or in applying the Code via the Criminal Punishment Code Scoresheet, see Fla....

...Perdue’s scoresheet included a prior conviction for an offense involving lewd conduct. The record does not reveal the subsection of the statute under which Perdue was convicted. The conviction was classified as a level 7 offense and assigned 14 points, pursuant to the offense severity ranking chart, section 921.0022, Florida Statutes (2018).  Perdue argues the version of the statute for which he was convicted and the existing statute do not contain the same elements and thus his prior conviction should not have been classified based on the existing statute. We agree with Perdue....

twenty-eight points on a sentencing score-sheet. See § 921.0022(3), Fla. Stat. (2005) (classifying driving without

...The defendant’s scoresheet described Case No. 14-7875’s burglary charge as “BURGLARY OF A STRUCTURE OR CONVEYANCE – DAMAGES IN EXCESS OF $1,000”, a first degree felony, which, pursuant to section 3 921.0022(3)(h), Florida Statutes (2018), was scored as a Level 8 offense, resulting in 74.00 points. However, the defendant’s scoresheet described Case No....

...14-8039’s grand theft charge merely as “GRAND THEFT,” again without indicating the stolen property’s value. Despite not indicating the stolen property’s value, the scoresheet indicated that crime was a Level 4 offense, resulting in 3.6 points, pursuant to section 921.0022(3)(d), Florida Statutes (2018), which, in pertinent part, applies when the stolen property’s value is “$10,000 or more but less than $20,000.” The scoring of Case No....

...motion to correct sentencing error, raising two arguments. First, the defendant argued that because Case No. 14-7875’s information’s body indicated that the defendant had burglarized a “conveyance,” that charge should have been scored as a Level 4 offense under section 921.0022(3)(d), which would have lowered the defendant’s lowest permissible sentence by almost forty months. Second, the defendant argued that because Case No. 14-8039’s information’s heading, body, and statutory citation did not assess the grand theft’s property’s value as “$10,000 or more but less than $20,000,” that charge should have been scored as a level 2 offense under section 921.0022(3)(b), which would have lowered the defendant’s lowest permissible sentence by an additional two months. The circuit court did not file an order on the defendant’s rule 3.800(b)(2) motion within sixty days of the motion havi...

...dwelling or structure causing damage in excess of $1,000 is a first- degree felony. Burglary of a dwelling or structure causing damage in excess of $1,000, as charged in section 810.02(2)(c)2., is properly scored as a Level 8 offense. § 921.0022(3)(h), Fla....

...14- 8039’s grand theft charge as a Level 4 offense was inaccurate, and requires resentencing. For Case No. 14-8039’s grand theft charge to have been scored as a Level 4 offense, the charge’s information would have had to allege that the stolen property’s value was “$10,000 or more, but less than $20,000.” § 921.0022(3)(d), Fla....

...14-8039’s information’s absence of an allegation that the stolen property’s value was “$10,000 or more, but less than $20,000,” and absence of a citation to subsection (3) of Section 812.014(2)(c), means that the charge had to be categorized as a Level 2 offense. § 921.0022(3)(b), Fla....

...However, upon the State’s concession of error, we reverse and remand for correction of the sentencing score sheet. We agree that the primary score sheet offense of felony fleeing to elude law enforcement with lights and sirens activated under § 316.1935(2), Florida Statutes, should be scored as a level 3 offense, see § 921.0022, Fla....

offense severity ranking chart located at section 921.0022, Florida Statutes. The offense severity ranking

...the scoresheet. While the degree of the burglary offenses does not directly affect the scoring, Pembrook is correct that burglary of a dwelling is scored as a Level 7 offense which incurs more points than burglary of a structure, a Level 4 offense. § 921.0022(3), Fla....

...Statutes, a first-degree felony punishable by up to thirty years in prison. Under the legislatively directed sentencing scoresheet regime, Fogarty’s lowest permissible sentence for the offense of conviction was nine years’ imprisonment. Cf. § 921.0024, Fla. Stat.; see also § 921.0022(3)(i), Fla....

...We accept the state’s concession that the trial court based its sentence upon an erroneous scoresheet. Thirty points should be scored if a defendant has on his record a “prior serious felony” ranked in level 8, 9 or 10. False imprisonment, § 787.02(l)(a) Florida. Statutes, however, is a level 6 offense, § 921.0022(3) Florida Statutes *1294 (1995)....

...3.988 (“Sentencing Guidelines Scoresheet” listing “Prior Record”). Similarly, under the currently used Criminal Punishment Code (CPC), prior offenses are assigned a point value based on the specific statute under which the offender was convicted. See § 921.0022(3), Fla....

...tencing hearing. It seems unusual to me that the credit card scheme he committed as a young man creates as many points on his scoresheet as if he had committed a lewd and lascivious battery on one occasion and a home-invasion robbery on another. See § 921.0022, Fla....