CopyCited 171 times | Published | Supreme Court of Florida
...provided statutory authority for the trial court to impose a higher sentence than allowed by the "statutory maximum." See Mays v. State,
717 So.2d 515, 516 (Fla.1998). Similarly, for those defendants who committed their crimes after October 1, 1998, section
921.0024(2), Florida Statutes (1999), provides that "if the lowest permissible sentence under the code exceeds the statutory maximum sentence as provided in s....
CopyCited 82 times | Published | Supreme Court of Florida | 2002 WL 1430598
...[5] *764 7. Due Process Notice and Apprendi v. New Jersey In instances where the lowest permissible sentence exceeds the statutory maximum for an offense, the Code requires the trial court to sentence a defendant at the lowest permissible sentence. See § 921.0024(2), Fla....
...State,
661 So.2d 1274, 1276 (Fla. 5th DCA 1995), overruled on other grounds by White v. State,
714 So.2d 440 (Fla.1998). Accordingly, the Code provides proper notice of a permissible sentence and does not run afoul of due process for lack of notice. Hall also contends that section
921.0024(2), Florida Statutes (Supp.1998), violates the holding of Apprendi v....
...i,
530 U.S. at 490,
120 S.Ct. 2348. Because the sentence for each of Hall's offenses did not exceed the statutory maximum, we conclude that Apprendi is inapplicable. Hall also asserts that the Code violates due process principles in Apprendi because section
921.0024(2), Florida Statutes (Supp.1998) creates "wandering" or "floating" statutory maximums....
...punishment provision of Florida's Constitution, article I, section 17, states that "[e]xcessive fines, cruel or unusual punishment, attainder, forfeiture of estate, indefinite imprisonment, and unreasonable detention of witnesses are forbidden." [4] Section 921.0024(2), Florida Statutes (Supp.1998), gives the trial court authority to sentence consecutively or concurrently under the Code. [5] Florida Rules of Appellate Procedure 9.120(d) states as follows: "The reply brief shall contain argument in response and rebuttal to argument presented in the answer brief." [6] Section 921.0024(2), Florida Statutes (Supp.1998), states in relevant part: "If the lowest permissible sentence under the code exceeds the statutory maximum sentence as provided in s....
CopyCited 78 times | Published | Supreme Court of Florida | 2005 WL 1404428
...Finally, under the Criminal Punishment Code, which applies to crimes committed after September 1998 (not to Anderson's), the sum of the total sentence points establishes the lowest permissible sentence, and the trial court may sentence a defendant anywhere from that sentence up to and including the statutory maximum. See § 921.0024(2), Fla....
CopyCited 42 times | Published | Supreme Court of Florida | 2005 WL 977019
...Moreover, since 1994 our trial courts have been permitted to impose sentences exceeding the statutory maximums based on the judge's factual findings made under the sentencing guidelines and the Criminal Punishment Code. See § 921.001(5), Fla. Stat. (Supp.1994); § 921.0024(2), Fla....
...[31] Although section 921.001(5) was repealed with the passage of the Criminal Punishment Code, see ch. 97-194, § 1, Laws of Fla., the code also gave trial courts the power to find facts resulting in sentences that could exceed the statutory maximum. See § 921.0024(2), Fla....
...utory maximum allowed. The United States Supreme Court has already mandated that the very statutory scheme at issue in the instant case must be re-examined under Apprendi. See McCloud v. State,
741 So.2d 512, 515 (Fla. 5th DCA 1999) (which held that section
921.0024, Florida Statutes (1997), was constitutional because the judge's scoring of victim injury points constituted mere sentencing factors, not elements of the offense) vacated, 531 U.S....
CopyCited 37 times | Published | Florida 2nd District Court of Appeal | 2005 WL 991571
...In the Criminal Punishment Code, the legislature has made the policy determination that certain offenders, because of *946 their prior criminal record, should receive sentences which exceed the statutory maximum ordinarily applicable to the offense for which they are being sentenced. See § 921.0024(2) ("If the lowest permissible sentence under the code exceeds the statutory maximum sentence as provided in s....
CopyCited 28 times | Published | Supreme Court of Florida | 2003 WL 193488
...[1] On appeal, the district court affirmed the trial court's denial of the petitioner's rule 3.850 motion and agreed that the sentence was legally based on this Court's statement in Maddox v. State,
760 So.2d 89, 101 n. 9 (Fla.2000), that "for those defendants who committed their crimes after October 1, 1998, section
921.0024(2), Florida Statutes (1999), provides that `if the lowest permissible sentence under the code exceeds the statutory maximum sentence as provided in s....
...cognized potential statutory conflict between two provisions of the Criminal Punishment Code: (1) section
921.002(1)(g), Florida Statutes (Supp. 1998), which does not authorize a court to impose a sentence in excess of the statutory maximum; and (2) section
921.0024(2), Florida Statutes (Supp.1998), which directs that "[i]f the lowest permissible sentence under the [Criminal Punishment Code] exceeds the statutory maximum sentence ..., the sentence required by the code must be imposed." Due to th...
...ence as provided in section
775.082, the sentence required by the Code must be imposed. (Emphasis added.) This rule harmonizes the two provisions. The first provision (section
921.002(1)(g)) applies to general sentencing, while the second provision (section
921.0024(2)) applies to those circumstances in which "the lowest permissible sentence under the Code exceeds the statutory maximum." By this rule, application of section
921.0024(2) is an exception to the general provision of section
921.002(1)(g) that sentences cannot exceed the statutory maximum. We do, however, hold that when section
921.0024(2) applies so that the statutory maximum sentence as provided in section
775.082, Florida Statutes (2002), is exceeded by the lowest permissible sentence under the code, the lowest permissible sentence under the code becomes the maximum sentence which the trial judge can impose. Because section
921.002(1)(g) and section
921.0024(2) were amended at the same time and deal with the same general subject, they should be read as in pari materia....
...e sentencing guidelines may have, for some cases, provided statutory authority for the trial court to impose a higher sentence than allowed by the "statutory maximum." Similarly, for those defendants who committed their crimes after October 1, 1998, section 921.0024(2), Florida Statutes (1999), provides that "if the lowest permissible sentence under the code exceeds the statutory maximum sentence as provided in s....
...Accordingly, we answer the certified question in the affirmative and find that the petitioner's sentence is legal. We therefore approve the decision below affirming the denial of the petitioner's rule 3.850 motion. We reject the petitioner's second issue, a constitutional attack based on our construction of section 921.0024(2), and hold that section 921.0024(2) is not vague....
CopyCited 27 times | Published | Supreme Court of Florida | 2004 WL 1899952
...It was then within the judge's discretion to sentence the defendant within that narrow range. In contrast, under the now-applicable CPC, "[t]he permissible range for sentencing shall be the lowest permissible sentence [as determined by the number of total sentencing points] up to and including the statutory maximum." § 921.0024(2), Fla....
..."The permissible range for sentencing shall be the lowest permissible sentence up to and including the statutory maximum ... for the primary offense and any additional offenses before the court for sentencing. The sentencing court may impose such sentences concurrently or consecutively." § 921.0024(2), Fla....
CopyCited 26 times | Published | Supreme Court of Florida | 2007 WL 1437467
...which must be imposed upon an eligible defendant. Rather it is a sentencing "floor," which a judge may exceed if authorized by another provision of the law, such as the CPC.
850 So.2d at 493-94. We also held that this result was mandated by the CPC, section
921.0024(2), Florida Statutes (2000), which stated that "[i]f the lowest permissible sentence under the [CPC] exceeds the statutory maximum sentence as provided in section
775.082, the sentence required by the [CPC] must be imposed." As Grant...
CopyCited 20 times | Published | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 219, 2010 Fla. LEXIS 645, 2010 WL 1609876
...ommitted in 2000 and were subject to the 1998 CPC. Therefore, rule 3.704(d)(28) required the trial court to use the sentencing scoresheet associated with the 1998 CPC when sentencing Sanders following his violation of probation. Further, pursuant to section 921.0024(3), Florida Statutes (1999), because the offenses were committed under the same version of the sentencing code, the trial court was required to use a single scoresheet, covering all of the defendant's offenses pending for sentencing....
...6 So.3d at 235 (quoting Adekunle,
916 So.2d at 952). The Second District's conclusion that an original sentencing scoresheet cannot be revised or recalculated for purposes of sentencing a defendant after a violation of probation is inconsistent with section
921.0024, Florida Statutes (1999), and our holding in Roberts v. State,
644 So.2d 81 (Fla.1994). Section
921.0024(1)(b) directs that where a defendant is being sentenced as a result of violating probation, "[c]ommunity sanction violation points" are to be assessed....
...As a result of these community sanction violation points, the score-sheet prepared for a sentencing upon revocation of probation necessarily will differ from the scoresheet prepared for the original sentencing. Recalculation is not only permitted but required by section 921.0024....
...ers faced the same sentencing possibilities upon the revocation of his probation. Id. We conclude, however, that this broad reading of the relevant provision of section
948.06(1) cannot be reconciled with the plain import of sections
921.0021(1) and
921.0024(1)(b) or with our reasoning in Roberts....
CopyCited 19 times | Published | Florida 4th District Court of Appeal | 2002 WL 429180
...The Code provides that "the trial court may impose a sentence up to and including the statutory maximum for any offense ...." §
921.002(1)(g), Fla. Stat. (2000). "The permissible range for sentencing shall be the lowest permissible sentence up to and including the statutory maximum...." Section
921.0024(2), Fla....
...The state contends that because the trial court imposed a legal sentence under the statutes, this issue is not cognizable on direct appeal. As authority, the state cites sections
924.06(1)(d) and (e), Florida Statutes (2000) (a defendant may appeal an illegal sentence or a sentence imposed under section
921.0024 which exceeds the statutory minimum), and Rule 9.140(b)(1)(D), Florida Rule of Appellate Procedure (a defendant may appeal an unlawful or illegal sentence)....
CopyCited 18 times | Published | Supreme Court of Florida
re-sentencing of habitual offenders. See also, F.S. § 921.24 and § 921.25, F.S.A. and 168 A.L.R. 706. As this
CopyCited 16 times | Published | Florida 2nd District Court of Appeal | 2008 WL 782885
...This practice was approved in Quarterman and thus the agreement became known as a Quarterman agreement. See, e.g., Boisvert v. State,
693 So.2d 652, 653 (Fla. 5th DCA 1997). With the enactment of the Criminal Punishment Code, the concept of an "upward departure" sentence effectively disappeared. See §
921.0024(2), Fla....
CopyCited 13 times | Published | Florida 2nd District Court of Appeal | 1994 WL 72142
sentence was generally either legal or illegal. See § 921.24, Fla. Stat. (1965); ch. 61-39, Laws of Fla. At
CopyCited 13 times | Published | Florida 4th District Court of Appeal | 2003 WL 468260
...false imprisonment conviction clearly exceeds the five-year statutory maximum. The application of the domestic violence multiplier required a finding that the false imprisonment took place in the presence of the victim's and Appellant's toddler. See § 921.0024, Fla....
CopyCited 11 times | Published | Supreme Court of Florida | 2003 WL 21467521
...(2000). [3] Further complicating the issue is a provision from the CPC which states, "If the lowest permissible sentence under the code exceeds the statutory maximum sentence as provided in s.
775.082, the sentence required by the code must be imposed." §
921.0024(2), Fla....
...It was then within the judge's discretion to sentence the defendant within that narrow range. In contrast, under the now-applicable CPC, "[t]he permissible range for sentencing shall be the lowest permissible sentence [as determined by the number of total sentencing points] up to and including the statutory maximum." § 921.0024(2), Fla....
...As we have held, it is authorized by the PRRPA, but more importantly, it is mandated by the CPC. The CPC provides, "If the lowest permissible sentence under the [CPC] exceeds the statutory maximum sentence as provided in s.
775.082, the sentence required by the [CPC] must be imposed." §
921.0024(2), Fla....
CopyCited 11 times | Published | Florida 4th District Court of Appeal | 2002 WL 1559114
...(2000) ("A sexual offender who does not comply with the requirements of this section commits a felony of the third degree, punishable as provided in s.
775.082 ...."), and §
775.082(3)(d), Fla. Stat. (2000) ("For a felony of the third degree, by a term of imprisonment not exceeding 5 years ."); see also §
921.0024(2), Fla....
CopyCited 10 times | Published | Florida 2nd District Court of Appeal | 2005 WL 2990688
...within its discretion to sentence Cillo to 44.75 years. The State concedes error. Cillo's sentence, which includes the prison portion as well as the community control and probation portions, cannot exceed the statutory maximum of fifteen years. See § 921.0024(2), Fla....
...g. Affirmed in part, reversed in part, and remanded. NORTHCUTT, and DAVIS, JJ., Concur. NOTES [1] A trial court can exceed the statutory maximum under the criminal punishment code if the lowest permissible sentence exceeds the statutory maximum. See § 921.0024(2), Fla....
CopyCited 10 times | Published | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 17366, 36 Fla. L. Weekly Fed. D 2390
...As a result of the unsuccessful termination of probation, the trial court was required to sentence appel-lee to the minimum mandatory sentence that could have been “originally imposed before placing the probationer on probation.” Further, the trial court also contravened section 921.0024(2), Florida Statutes, which generally requires that the trial court sentence the offender to no less than the lowest permissible sentence as calculated on the scoresheet, unless there is evidence that supports a valid downward departure....
CopyCited 9 times | Published | Florida 4th District Court of Appeal | 2001 WL 803716
...[10] In 1998, however, the Legislature rewrote the guidelines sentencing statutes so that the result in Myers a recommended sentence above the general statutory maximum may be varied further upwards by as much as 25% is no longer applicable. See § 921.0024(2), Fla....
CopyCited 9 times | Published | Supreme Court of Florida | 36 Fla. L. Weekly Supp. 81, 2011 Fla. LEXIS 415, 2011 WL 536429
...Jackson committed the aforementioned offenses on April 11, 2008, thus subjecting him to sentencing under the CPC. Generally, a trial court must impose, at a minimum, the lowest permissible sentence calculated according to the CPC unless there is a valid reason to impose a downward departure sentence. See §
921.0024(2), Fla. Stat. (2008). For noncapital offenses committed on or after October 1, 1998, “[t]he lowest permissible sentence provided by calculations from the total sentence points pursuant to s.
921.0024(2) is assumed to be the lowest appropriate sentence for the offender being sentenced.” §
921.00265(1), Fla....
CopyCited 8 times | Published | Florida 5th District Court of Appeal | 1999 WL 4911
...Nor is there any suggestion in Jones or any related case that "victim injury" is not a constitutionally permissive sentencing factor. In this case, we do not have the statutory ambiguities that troubled the high court in Jones and Almendarez-Torres. It is plain that the scoring of victim injury points under Section 921.0024, Florida Statutes (1997) is a "sentencing factor", not an element of the offense....
CopyCited 8 times | Published | Supreme Court of Florida
from death to life." Allegedly, he moved under Section 921.24, Florida Statutes, F.S.A., which authorizes
CopyCited 8 times | Published | Florida 4th District Court of Appeal | 2005 WL 3116097
...ecutively"); §
921.16(1), Fla. Stat. (2003) (a defendant convicted of two or more offenses charged in a single information shall serve the sentences concurrently "unless the court directs that two or more of the sentences be served consecutively"); §
921.0024(2), Fla....
...State,
883 So.2d 908, 910 n. 3 (Fla. 2d DCA 2004) ("... there is nothing in the Criminal Punishment Code that prohibits the imposition of consecutive standard sentences, even when the sentences arise from offenses committed in a single criminal episode. See §
921.0024(2), Fla....
CopyCited 8 times | Published | Florida 2nd District Court of Appeal | 2009 Fla. App. LEXIS 19300, 2009 WL 4723312
...nes or make restitution payments. b. Twenty-four (24) community sanction violation points are assessed for the violation and for each successive violation of felony probation or community control where the violation includes a new felony conviction. §
921.0024(1)(b), Fla. Stat. (2008) (emphasis added). A "violent felony offender of special concern" is defined as follows: (b) For purposes of this section and ss.
903.0351,
948.064, and
921.0024, the term "violent felony offender of special concern" means a person who is on: 1....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 2001 WL 1245921
...Green,
511 So.2d 734, 735 (Fla. 2d DCA 1987). Similarly, the fact that the DUI did not result in any personal injury does not support a downward departure because personal injury is taken into account by the guidelines. See Sachs,
526 So.2d at 50; see also §
921.0024, Fla....
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 2003 WL 1738409
...In this unusual set of facts and points, the assessment of the 18 points became crucial because it caused appellant's total points to exceed 363 points. By virtue of the total score of 376.4 points, appellant became subject to the imposition *942 of a life sentence. § 921.0024(2), Fla....
...Appellant's lowest permissible prison sentence on the Criminal Punishment Code scoresheet would have been 250.8 months while the maximum sentence he could have received would have been the statutory maximum for the primary and any additional offenses as provided in section
775.082. §
921.0024(2), Fla....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 1992 WL 341953
first place, rule 3.800(a) comes directly from section 921.24, Florida Statutes (1969), which read: "A court
CopyCited 6 times | Published | Florida 3rd District Court of Appeal
(5) years in the State Penitentiary. Pursuant to § 921.24, Fla. Stat., F.S.A., a court may correct an illegal
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 2011 Fla. App. LEXIS 1563, 2011 WL 470254
...nced for an offense committed on or after July 1, 2009, which is a third degree felony but not a forcible felony as defined in s.
776.08, and excluding any third degree felony violation under chapter 810, and if the total sentence points pursuant to s.
921.0024 are 22 points or fewer, the court must sentence the offender to a nonstate prison sanction....
...islature intended to limit the meaning of "danger to the public" only to persons threatening physical violence or injury. AFFIRMED. GRIFFIN and LAWSON, JJ., concur. NOTES [1] We address only this issue, as it was the only issue argued below. [2] See § 921.0024, Fla....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 2007 WL 2330927
...1.0021(7)(b). In pertinent part, the statute provides that where "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." §
921.0021(7)(b)(1) (emphasis added). (The Criminal Punishment Code worksheet set forth in section
921.0024(1)(a) provides 80 sentence points for sexual penetration.) Under these statutory provisions, the assessment of penetration points is not limited to circumstances where penetration was an element specifically charged in the information....
...[4] Under the Criminal Punishment Code, Rogers' sentence could only exceed the statutory maximumand would be required to exceed the statutory maximum absent a downward departure if his scoresheet reflected a "lowest permissible sentence . . . exceed[ing] the statutory maximum sentence." § 921.0024(2), Fla....
CopyCited 5 times | Published | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 658, 2010 Fla. LEXIS 1936, 2010 WL 4483514
...Section
921.0021(7)(b)(2), Florida Statutes (2004), provides that if a conviction is for an offense involving sexual contact which does not include sexual penetration, the sexual contact must be scored on the Criminal Punishment Code sentencing scoresheet in accord with the provisions of section
921.0024, Florida Statutes (2004). Section
921.0024(l)(a) provides that forty victim injury points must be imposed for "sexual contact” not involving penetration....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 2002 WL 460319
...9.140(b)(1)(E), (F); §
924.06(1)(d), (e), Fla. Stat. (2000). As this sentence was not illegal, in that it was not beyond the statutory maximum for the crime, there is no appellate issue raised. For each defendant, the Criminal Punishment Code establishes a "lowest permissible sentence." §
921.0024(2), Fla....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 2006 Fla. App. LEXIS 5609, 2006 WL 1098260
..., four, five, and six, and remand those for resentencing. The convictions arising from counts two, four, five, and six fell within the purview of the Criminal Punishment Code, and the sentences to be imposed were calculated on a Code scoresheet. See § 921.0024, Fla....
...contact since jury’s verdict necessarily required finding of at least sexual contact). Hence, after victim injury points for penetration are excluded, the sentences imposed by the trial court in this case exceeded those authorized by the Code. See § 921.0024(2); Butler v....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 2007 WL 1097953
...Permissible Sentence: The lowest permissible sentence under the guidelines up to and including the statutory maximum of 15 years' imprisonment (if the lowest permissible sentence under the guidelines exceeds the statutory maximum sentence, the guideline sentence must be imposed). §§
775.082(3)(c);
921.0024(2)....
...d no more than 30 years' imprisonment, §
775.082(3)(b) (providing that the maximum penalty for a first-degree felony is 30 years' imprisonment), unless the lowest permissible sentence under the guidelines *456 exceeds the 30-year statutory maximum, §
921.0024(2)....
...se), and no more than 30 years' imprisonment, §
775.082(3)(b) (providing that the maximum penalty for first-degree felony is 30 years' imprisonment), unless the lowest permissible sentence under the guidelines exceeds the 30-year statutory maximum, §
921.0024(2)....
...Permissible Sentence: The lowest permissible sentence under the guidelines up to and including the statutory maximum of 5 years' imprisonment (if the lowest permissible sentence under the guidelines exceeds the statutory maximum sentence, the guideline sentence must be imposed). §§
775.082(3)(d);
921.0024(2)....
...Permissible Sentence: The lowest permissible sentence under the guidelines up to and including the statutory maximum of 15 years' imprisonment (if the lowest permissible sentence under the guidelines exceeds the statutory maximum sentence, the guideline sentence must be imposed). §§
775.082(3)(c);
921.0024(2)....
...Permissible Sentence: The lowest permissible sentence under the guidelines up to and including the statutory maximum of 15 years' imprisonment (if the lowest permissible sentence under the guidelines exceeds the statutory maximum sentence, the guideline sentence must be imposed). §§
775.082(3)(c);
921.0024(2)....
...Permissible Sentence: The lowest permissible sentence under the guidelines up to and including the *458 statutory maximum of 15 years' imprisonment (if the lowest permissible sentence under the guidelines exceeds the statutory maximum sentence, the guideline sentence must be imposed). §§
775.082(3)(c);
921.0024(2)....
...Permissible Sentence: The lowest permissible sentence under the guidelines up to and including the statutory maximum of 15 years' imprisonment (if the lowest permissible sentence under the guidelines exceeds the statutory maximum sentence, the guideline sentence must be imposed). §§
775.082(3)(c);
921.0024(2)....
...se), and no more than 30 years' imprisonment, §
775.082(3)(b) (providing that the maximum penalty for first-degree felony is 30 years' imprisonment), unless the lowest permissible sentence under the guidelines exceeds the 30-year statutory maximum, §
921.0024(2)....
...se), and no more than 30 years' imprisonment, §
775.082(3)(b) (providing that the maximum penalty for first-degree felony is 30 years' imprisonment), unless the lowest permissible sentence under the guidelines exceeds the 30-year statutory maximum, §
921.0024(2)....
...Permissible Sentence: The lowest permissible sentence under the guidelines up to and including the statutory maximum of 5 years' imprisonment (if the lowest permissible sentence under the guidelines exceeds the statutory maximum sentence, the guideline sentence must be imposed). §§
775.082(3)(d);
921.0024(2)....
...e), and no more than 15 years' imprisonment, §
775.082(3)(c) (providing that the maximum penalty for second-degree felony is 15 years' imprisonment), unless the lowest permissible sentence under the guidelines exceeds the 15-year statutory maximum, §
921.0024(2)....
...ich is in excess of the statutory maximum of 15 years' imprisonment, §
775.082(3)(c). If the lowest permissible sentence under the guidelines exceeds the 20-year minimum, presumably that sentence would apply with the 20-year minimum mandatory term. §
921.0024(2)....
...Permissible Sentence: The lowest permissible sentence under the guidelines up to and including the statutory maximum of 5 years' imprisonment (if the lowest permissible sentence under the guidelines exceeds the statutory maximum sentence, the guideline sentence must be imposed). §§
775.082(3)(d);
921.0024(2)....
...Permissible Sentence: The lowest permissible sentence under the guidelines up to and including the statutory maximum of 1 year of imprisonment (if the lowest permissible sentence under the guidelines exceeds the statutory maximum sentence, the guideline sentence must be imposed). §§
775.082(4)(a);
921.0024(2)....
...Permissible Sentence: The lowest permissible sentence under the guidelines up to and including the statutory maximum of 60 days' imprisonment (if the lowest permissible sentence under the guidelines exceeds the statutory maximum sentence, the guideline sentence must be imposed). §§
775.082(4)(b);
921.0024(2)....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2004 WL 2236568
...in a case involving a single criminal episode, there is nothing in the Criminal Punishment Code that prohibits the imposition of consecutive standard sentences, even when the sentences arise from offenses committed in a single criminal episode. See § 921.0024(2), Fla....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 16370, 2009 WL 3617920
...s that the trial court erred in sentencing him to twenty years each on counts II and III because the maximum sentence for attempted manslaughter with a firearm, a second degree felony, is fifteen years. See §
775.082(3)(c), Florida Statutes (2002). Section
921.0024(2), Florida Statutes (2002), provides for an exception to the fifteen-year maximum....
...If the lowest permissible sentence under the code exceeds the statutory maximum sentence as provided in s.
775.082, the sentence required by the code must be imposed. If the total sentence points are greater than or equal to 363, the court may sentence the offender to life imprisonment. (emphasis added.) Thus, according to section
921.0024(2), the fifteen-year maximum under section
775.082 is inapplicable and, at the motion hearing, the trial court properly resentenced Cunningham to twenty years in prison on counts I and II without a minimum mandatory....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 2000 WL 1724976
...eal a downward departure sentence, see §
924.07(1)(i), Fla. Stat. (1998), but does not allow a defendant to appeal an upward departure. See §
924.06, Fla. Stat. (1998). The CPC provides for the establishment of the lowest permissible sentence. See §
921.0024(2), Fla....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 2004 WL 399217
...section
782.04(2) or (3), Florida Statutes (2001), a felony of the first degree, 240 victim injury points are added to the Criminal Punishment Code worksheet, even though the death of the victim is by definition factored into the offense level. See §
921.0024, Fla....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2002 WL 111966
...utive sentence for the offense of aggravated battery with a weapon in count one. Because Brown's total points were greater than 363, the trial court was authorized to sentence Brown to life imprisonment pursuant to the Criminal Punishment *578 Code, section 921.0024(2), Florida Statutes (1999)....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 2004 WL 19492
...m of 15 years under section
775.083(3)(c), Florida Statutes (1999). A sentence can exceed the statutory maximum, but only if the lowest permissible sentence under the sentencing code exceeds the statutory maximum. Rule 3.704(d)(25), Fla. R.Crim. P.; §
921.0024, Fla....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 2008 WL 5220636
...t Code only if the sentence is below the lowest permissible sentence or as enumerated in s.
924.06(1)." Under sections
924.06(1)(d) and (e), Florida Statutes (2005), a defendant is authorized to appeal an illegal sentence or a sentence imposed under section
921.0024 which exceeds the statutory maximum penalty....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2009 Fla. App. LEXIS 2905, 2009 WL 839034
...The trial court imposed seventy-seven months' incarceration to be followed by twelve months' community *101 control to be followed by four years' drug offender probation on this count, a third-degree felony. In denying the claim, the postconviction court made the following findings: Pursuant to §
921.0024(2) [Florida Statutes (2005) ], where the lowest permissible sentence under the code exceeds the statutory maximum as defined in §
775.082, [Florida Statutes (2005),] the sentence required by the code must be imposed....
...Thus, because the lowest permissible prison sentence in Defendant's case (87.525 months) exceeds the statutory maximum, the Court must impose the sentence as required by the code, not by the statute. Ground one is denied. The postconviction court accurately stated the requirements of section 921.0024(2), Florida Statutes (2005), but misapplied them in this case....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2003 WL 21032006
Laws of Florida 1975." Chapter 75-23 created section 921.24, Florida Statutes (1975) (currently section
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 6670, 2010 WL 1930131
...At the plea hearing, the appellant's counsel stated that the appellant's criminal punishment code scoresheet provided for a minimum sentence of any non-state prison sanction, meaning that he could be sentenced to less than 365 days in jail or another non-state prison sanction. See § 921.0024(2), Fla....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2002 WL 463441
...Gaustad, Assistant Public Defender, Daytona Beach, for Appellant/Cross-Appellee. Robert A. Butterworth, Attorney General, Tallahassee, and Anthony J. Golden, Assistant Attorney General, Daytona Beach, for Appellee/Cross-Appellant. PETERSON, J. Steven Darst appeals the use of a 1.5 multiplier pursuant to section 921.0024(1)(6), Florida Statutes (1999) on his scoresheet for aggravated assault on a law enforcement officer....
...The State also appeals Darst's downward departure sentence, but we find no error by the sentencing court. Section
784.07(2)(c) reclassifies an aggravated assault from a third degree felony to a second degree felony when the assault is directed toward law enforcement officers and certain other officials. Similarly, section
921.0024(1)(b) creates a multiplier of 1.5 if the primary offense is a violation of section
775.0823(10), a statute proscribing an aggravated assault against a law enforcement officer or certain other officials....
...Resolution of Darst's claims requires that we determine whether section
784.07(2)(c) creates a substantive offense or enhances a substantive offense. Much of the confusion in the application of the scoresheet multiplier is a result of the statutory language which created it. Section
921.0024(1)(b) [1] creates a multiplier of 1.5 if the primary offense "is a violation of" section
775.0823(9) or (10)....
...Darst is entitled to relief because his scoresheet was enhanced twice-first when his crime of aggravated assault on a law enforcement officer was reclassified from a third to second degree felony and second when the 1.5 multiplier was applied under section
921.0024 for a violation of
784.021 by committing aggravated assault against a law enforcement officer....
...We grant Darst's request and remand only for correction of his scoresheet. We affirm his conviction and sentence and certify conflict with Mills v. State,
773 So.2d 650 (Fla. 1st DCA 2000). AFFIRMED; REMANDED for correction of scoresheet; CERTIFY CONFLICT. THOMPSON, C.J., and SAWAYA, J., concur. NOTES [1] Section
921.0024(1)(b) provides: Law enforcement protection: If the primary offense is a violation of the Law Enforcement Protection Act under s....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1998 WL 128884
illegal sentence imposed by it in a criminal case." § 921.24, Fla. Stat. (1961)(subsequently repealed); In
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2004 WL 1454406
...See § 921.001(4)(a)(2), Fla. Stat. (2001). In that regard, the legislature has chosen to award 120 victim injury points for death in a manslaughter case, which virtually assures a defendant that he or she will spend approximately ten years in prison for the offense. See § 921.0024, Fla....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2001 WL 9856
...excess of the statutory maximum. Despite that provision in the Criminal Punishment Code, in Maddox v. State,
760 So.2d 89, 101, n. 9 (Fla.2000), the Florida Supreme Court pointed out that "for those who committed their crimes after October 1, 1998, section
921.0024(2), Florida Statutes (1999), provides that `if the lowest permissible sentence under the code exceeds the statutory maximum sentence as provided in s.
775.082, the sentence required by the code must be imposed.'" Section
921.0024 is the Criminal Punishment Code worksheet and explains how score sheets should be completed....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2002 WL 215018
...State,
741 So.2d 512 (Fla. 5th DCA 1999), on rehearing en banc, the *742 fifth district determined that in a sexual battery case where the guilty verdict does not make a finding of "penetration," the trial court correctly scored victim injury points under section
921.0024, Florida Statutes (1997), as a "sentencing factor," not an element of the offense, and therefore it was not necessary for the jury to so find before allowing it to be included in the defendant's score....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2005 WL 2321699
124 (Fla.1967). This language was copied from section 921.24, Florida Statutes (1965), which likewise did
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 16737, 2010 WL 4365571
...Hall's request for downward departure sentences. The Criminal Punishment Code requires that a sentencing scoresheet, including "the permissible range for the sentence that the court may impose," be prepared for every defendant sentenced for a felony offense. §
921.0024(3), (7), Fla. Stat. (2008). "The lowest permissible sentence is the minimum sentence that may be imposed by the trial court, absent a valid reason for departure." §
921.0024(2). And "[i]f the lowest permissible sentence under the [C]ode exceeds the statutory maximum sentence as provided in s.
775.082, the sentence required by the [C]ode must be imposed." §
921.0024(2)....
...5th DCA 2010) (noting that a trial court may not grant a departure "based on factors already taken into account by the sentencing guidelines"). As noted above, "[i]f the lowest permissible sentence under the [C]ode exceeds the statutory maximum sentence ... the sentence required by the [C]ode must be imposed." § 921.0024(2). Thus imposing a sentence below the minimum permissible sentence because the minimum permissible sentence exceeds the statutory maximum sentence conflicts with the mandate of section 921.0024(2)....
...Although it is true that 66.1 months' imprisonment exceeds the statutory maximum sentence for a single grand theft, it does not exceed Ms. Hall's maximum sentence under her scoresheet, which is ten years' imprisonment. See §§
775.082(3)(d),
812.014(2)(c)(1),
921.0024(2), Fla....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2003 WL 22799303
...The sentencing court may impose such sentences concurrently or consecutively. However, any sentence to state prison must exceed 1 year. If the lowest permissible sentence under the code exceeds the statutory maximum sentence as provided in s.
775.082, the sentence required by the code must be imposed. §
921.0024(2), Fla....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2012 WL 1934438, 2012 Fla. App. LEXIS 8621
...tatute, and prison releasee reoffender statute are not enhanced sentences within the meaning of Hale because they do not provide for sentencing in excess of the statutory máximums set forth in section
775.082. The criminal punishment code, found in section
921.0024, Florida Statutes (2005), states, in relevant part: “The permissible range for sentencing shall be the lowest permissible sentence up to and including the statutory maximum, as defined in s.
775.082, for the primary offense and any additional offenses before the court for sentencing. The sentencing court may impose such sentences concurrently or consecutively.” §
921.0024(2) (emphasis added)....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2015 Fla. App. LEXIS 6430, 2015 WL 1942890
...State,
64 So.3d 90 (Fla.2011), the Florida Supreme Court explained sentencing requirements under the CPC as follows: Generally, a trial court must impose, at a minimum, the lowest permissible sentence calculated according to the CPC unless there is a valid reason to impose a downward departure sentence. See §
921.0024(2), Fla. Stat. (2008). For noncapital offenses committed on or after October 1, 1998, “the lowest permissible sentence provided by calculations from the total sentence points pursuant to s.
921.0024(2) is assumed to be the lowest appropriate sentence for the offender being sentenced.” §
921.00265(1), Fla....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2002 WL 1307481
...The Defendant cites two very recent decisions from the Second and Fifth District Courts of Appeal in support of his instant motion. This Court finds that the Defendant's argument is without merit. The CPC provides a method for calculating the "lowest permissible sentence." § 921.0024(2), Fla....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2007 WL 1945704
...issible sentence under the Criminal Punishment Code for this offense is 15 years. See Moore v. State,
859 So.2d 613, 618 (Fla. 1st DCA 2003) ("The trial court remained free to sentence up to the statutory maximum on each offense ") (emphasis added); §
921.0024(2), Fla....
...s for second-degree charge of fleeing or attempting to elude, and 5 years for third-degree charge of driving without a valid driver's license). [2] The Criminal Punishment Code allows the sentences to be imposed either concurrently or consecutively. § 921.0024(2), Fla....
CopyCited 2 times | Published | Supreme Court of Florida | 2008 WL 90048
...g amendments to Florida Rule of Criminal Procedure 3.992. We have jurisdiction. See art. V, § 2(a), Fla. Const. The Court, on April 19, 2007, amended rules 3.704 and 3.992 to conform the rules to chapter 2007-2, section 5, Laws of Florida (amending § 921.0024(1)(b), Fla....
...LEWIS, C.J., and WELLS, ANSTEAD, PARIENTE, QUINCE, CANTERO, and BELL, JJ., concur. *864 APPENDIX RULE 3.992 CRIMINAL PUNISHMENT CODE SCORESHEETS *865 *866 NOTES [1] In chapter 2007-2, section 5, Laws of Florida, as part of the Anti-Murder Act, effective March 12, 2007, the Legislature amended section
921.0024(1)(b), Florida Statutes, to mandate the assessment of community sanction violation points for violations occurring on or after March 12, 2007, of probation and community control by a violent felony offender of special concern as defined in section
948.06, Florida Statutes....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2012 WL 414005, 2012 Fla. App. LEXIS 1942
...ce reflected on her scoresheet, which was 86.1 months. When the lowest permissible sentence under the Criminal Punishment Code exceeds the statutory maximum sentence provided for by section
775.082, the sentence required by the Code must be imposed. §
921.0024(2), Fla. Stat. (2001). "The sentence required by the Code is the minimum permissible sentence and no more." Horne v. State,
6 So.3d 99, 101 (Fla. 2d DCA 2009) (emphasis omitted) (citing §
921.0024(2), Fla. Stat. (2005)); see also Butler v. State,
838 So.2d 554, 556 (Fla.2003) (holding that "when section
921.0024(2) applies so that the statutory maximum sentence as provided in section
775.082 ......
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2009 Fla. App. LEXIS 20566, 2009 WL 5150262
...mpt to acquire a controlled substance by fraud. [1] This sentence exceeds the normal five-year maximum penalty for a third degree felony because 109.35 months was the lowest permissible sentence calculated on Halfacre's scoresheet for this case. See § 921.0024(2), Fla....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2013 WL 6636137, 2013 Fla. App. LEXIS 19957
...owest permissible prison sentence was calculated to be 358.5 months in prison, or 29.875 years. The trial court sentenced Rigueiro to forty years in prison on each of the counts, to run concurrently, followed by five years of sex offender probation. Section 921.0024(2), Florida Statutes (2001), provides in part: If the lowest permissible sentence under the code exceeds the statutory maximum sentence as provided in s....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2015 Fla. App. LEXIS 5862, 2015 WL 1849497
...he meaning of Florida Rule of
Criminal Procedure 3.800(a)).
The Criminal Punishment Code defines the “lowest permissible
sentence” as the “the minimum sentence that may be imposed by the trial
court, absent a valid reason for departure.” § 921.0024(2), Fla....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2017 WL 1364001, 2017 Fla. App. LEXIS 5054
...Absent a plea agreement, the minimum permissible sentence was twenty-two years in prison on each count of DUI manslaughter, and because his sentencing points exceeded 363, the court could have sentenced him to life in prison on each of the DUI manslaughter counts. § 921.0024(2), Fla....
...ption applies. See State v. McBride,
848 So.2d at 291 . Under the CPC, given the total sentencing points, the trial court was required, absent a valid reason for departure, to sentence the defendant to the lowest permissible sentence for each crime. §
921.0024(2), Fla....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2007 WL 2804807
...[4] The order rendered by Judge Hammond misapprehends the facts. The transcript clearly shows that the orally pronounced sentence was fourteen years for Count I and five years for Count II. This does not appear to be a scrivener's error as the order indicates. [5] § 921.0024(2), Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2009 Fla. App. LEXIS 14256, 2009 WL 3049002
...CASANUEVA, C.J., and WHATLEY, J., Concur. NOTES [1] The four prostitution counts were classified as misdemeanors on the scoresheet. Whether listed in the "Additional Offense(s)" section or the "Prior Record" section, misdemeanor counts are each assigned a point value of 0.2. § 921.0024(1)(a), Fla....
...(2001), and is a level 3 offense for scoresheet purposes, §
921.0022(3)(c). When listed in the "Additional Offense(s)" section, level 3 offenses are assigned a point value of 2.4; when listed in the "Prior Record" section, they are assigned a point value of 1.6. §
921.0024(1)(a).
CopyCited 1 times | Published | Supreme Court of Florida | 2008 WL 4346466
...te of this opinion in which to file comments with the Court. [3] It is so ordered. QUINCE, C.J., and WELLS, ANSTEAD, PARIENTE, LEWIS, and CANADY, JJ., concur. *241 APPENDIX *242 NOTES [1] In Chapter 2008-238, Laws of Florida, the Legislature amended section 921.0024(1)(a), Florida Statutes, which revises the labeling of the enhancement types under subdivision IX of the scoresheet. Ch. 2008-238, § 26, Laws of Fla. The Steering Committee's proposal is consistent with those revisions. [2] Section 921.0024(4), Florida Statutes, requires that the Department of Corrections develop and submit the revised Criminal Punishment Code Scoresheet to the Court for approval by June 15 of each year, as necessary, in consultation with the Office of the State Courts Administrator, state attorneys, and public defenders....
CopyCited 1 times | Published | Supreme Court of Florida | 23 Fla. L. Weekly Supp. 497, 1998 Fla. LEXIS 1829, 1998 WL 650579
...shment Code and any mandatory minimum penalties apply. Mandatory minimum sentences must be recorded on the scoresheet. (27) Any downward departure from the lowest permissible sentence, as calculated according to the total sentence points pursuant to section 921.0024, Florida Statutes, is prohibited unless there are circumstances or factors that reasonably justify the downward departure....
...(B) The written statement delineating the reasons for departure must be made a part of the record. The written statement, if it is a separate document, must accompany the scoresheet required to be provided to the Department of Corrections pursuant to subsection 921.0024(6)....
CopyCited 1 times | Published | Supreme Court of Florida | 39 Fla. L. Weekly Supp. 591, 2014 Fla. LEXIS 2970, 2014 WL 5026405
...m . . . for the
primary offense and any additional offenses before the court for
sentencing. The sentencing court may impose such sentences
concurrently or consecutively.”
Moore v. State,
882 So. 2d 977, 985 (Fla. 2004) (quoting §
921.0024(2), Fla....
...July 1, 2009, which is a third degree felony but not a forcible felony
as defined in [section]
776.08, and excluding any third-degree felony
violation under chapter 810, and if the total sentence points pursuant
to [section]
921.0024 are 22 points or fewer, the court must sentence
the offender to a nonstate prison sanction....
CopyCited 1 times | Published | Supreme Court of Florida
...da.
-6-
In addition to technical changes to rule 3.704 (The Criminal Punishment
Code), new subdivisions (d)(24)(A)-(d)(24)(B) are added in response to chapter
2014-4, Laws of Florida, which amended section 921.0024, Florida Statutes, to
provide that sentence points be multiplied by 2.0 for specified sex offenses
committed by an adult upon a minor under certain circumstances, unless
application of the multiplier results in the lowest permissi...
...Criminal Punishment Code and any mandatory minimum penalties apply.
Mandatory minimum sentences must be recorded on the scoresheet.
(278) Any downward departure from the lowest permissible sentence,
as calculated according to the total sentence points under section 921.0024, Florida
Statutes, is prohibited unless there are circumstances or factors that reasonably
justify the downward departure....
...(B) The written statement delineating the reasons for
departure must be made a part of the record. The written statement, if it is a
separate document, must accompany the scoresheet required to be provided to the
Department of Corrections under subsection 921.0024(6), Florida Statutes.
If a split sentence is imposed, the total sanction (incarceration and
community control or probation) must not exceed the term provided by general law
or the maximum sentence under the Criminal Punishmen...
...probation, community control, or other community supervision that does not
involve a new crime), the court may sentence the defendant to probation,
community control, or community supervision with mandatory participation in a
prison diversion program, as provided for in s.ection 921.00241, Florida Statutes,
- 42 -
if the defendant meets the requirements for that program as set forth in section
921.00241, Florida Statutes.
(2930) If the total sentence points equal 22 or less, the court
must sentence the offender to a nonstate prison sanction unless it makes written
findings that a nonstate prison sanction could...
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2013 WL 5628724, 2013 Fla. App. LEXIS 16393
...We accept the state’s concession that the case must be remanded for resentencing since the defendant’s sixty (60) year terms *118 exceed both the statutory maximum for the second and third felonies for which he was convicted and the lowest Criminal Punishment Code sentence. § 921.0024(2), Fla....
CopyCited 1 times | Published | Supreme Court of Florida | 33 Fla. L. Weekly Supp. 915, 2008 Fla. LEXIS 2207, 2008 WL 4950074
...-238, Laws of Florida, section 8 (amending section
874.04, Florida Statutes, to replace the term "criminal street gang activity" with "gang-related offenses," and to change the term "criminal street gang" to "criminal gang") and section 26 (amending section
921.0024(1)(a), Florida Statutes, to change the term "criminal street gang offense" to "criminal gang offense")....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2016 Fla. App. LEXIS 17225
exceed the statutory maximum. Cf. §
921.0024(2), Fla. Stat. (2004) (“If the lowest permissible
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2014 Fla. App. LEXIS 18400, 2014 WL 5836122
...1998 is governed by the Criminal Punishment Code, enacted by the Florida
Legislature and contained in Chapter 921, Florida Statutes. See also Fla. R. Crim.
P. 3.704 (implementing, and providing procedural components for, the Criminal
Punishment Code). Pursuant to section 921.0024(1)(a), Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 7428, 2010 WL 2079667
...(2006); Washington v. State,
11 So.3d 998 (Fla. 1st DCA 2009). If the lowest permissible sentence on the Criminal Punishment Code scoresheet exceeds the statutory maximum sentence, the sentence required by the Code must be imposed. See Fla. R.Crim. P. 3.704(d)(25); §
921.0024(2), Fla....
CopyCited 1 times | Published | Supreme Court of Florida | 25 Fla. L. Weekly Supp. 367, 2000 Fla. LEXIS 906
...ided statutory authority for the trial court to impose a higher sentence than allowed by the “statutory maximum.” See Mays v. State,
717 So.2d 515, 516 (Fla.1998). Similarly, for those defendants who committed their crimes after October 1, 1998, section
921.0024(2), Florida Statutes (1999), provides that "if the lowest permissible sentence under the code exceeds the statutory maximum sentence as provided in s....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2016 Fla. App. LEXIS 3521, 2016 WL 886530
...The Sentencing
After the jury convicted Mr. Morgan of both offenses as charged, the trial
court conducted a sentencing hearing. Mr. Morgan's scoresheet totaled 29.2 points,
and he was eligible for a nonstate prison sanction for the burglary. See § 921.0024(2),
Fla....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2015 Fla. App. LEXIS 4365, 2015 WL 1360794
...ncluded offense of the crime charged, and receive a sentence equal to the lowest permissible sentence calculated on the scoresheet — a sentence of 69.825 months. Although this sentence exceeded the statutory maximum, such a sentence is proper. See § 921.0024(2), Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 3500, 2011 WL 892127
...ourt abused its discretion in departing from the statutory sentencing guidelines. Id. We do not address whether departure is the best sentencing option for Adkison. A downward departure from the lowest permissible sentence, as calculated pursuant to section 921.0024, Florida Statutes (2007), is prohibited absent competent substantial evidence that supports cireum- *883 stances or factors that reasonably justify departure under the law....
CopyCited 1 times | Published | Supreme Court of Florida | 41 Fla. L. Weekly Supp. 274, 2016 Fla. LEXIS 1194, 2016 WL 3191099
...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. Stat. (2004) (classifying second-degree murder as a
“Level 10” offense); §
921.0024, Fla....
...offenses that cause the second-degree murder death of one victim result in a
minimum sentence computation score of 22.3 years, before the defendant’s prior
criminal record and any statutory sentencing multipliers were taken into account).
As provided for in section 921.0024(2), the “permissible range for sentencing shall
be the lowest permissible sentence up to and including the statutory maximum, as
defined in s....
CopyCited 1 times | Published | Florida 5th District Court of Appeal
...sentences because personal injury was already taken into account during sentencing by
virtue of the computations performed in preparing the defendant's Criminal Punishment
Code worksheet. See State v. Chapman,
805 So. 2d 906, 908 (Fla. 2d DCA 2001) (citing
to section
921.0024, Florida Statutes, which provides that victim injury is a consideration
when calculating scoresheets).
The trial court further erred in departing downward based on the fact that the
defendant's crimes were non-violent felonies involving property....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2005 WL 1420858
...rial by jury. Appellant points out that as applied to the victim-injury provisions of the Code, case law construes the Code as permitting a sentencing judge, rather than the fact-finder, to add victim-injury points pursuant to the range permitted in section
921.0024(1)(a), Florida Statutes, by a preponderance of evidence. See Gilson v. State,
795 So.2d 105, 110 (Fla. 4th DCA 2001). Appellant also complains that the provisions of section
921.0024(2), are in facial violation of the constitution because they create a "floating maximum," allowing a judge, not a jury, to increase the lowest permissible sentence authorized by the Code, if it is greater than the statutory maximum, based on factors not found by the jury....
CopyCited 1 times | Published | Florida 4th District Court of Appeal
...physically injured and for each offense resulting in physical injury whether
3
there are one or more victims” for all offenses for which the defendant has
been convicted. Id.; see Fla. R. Crim. P. 3.703(d)(9). Sections
921.0021(7)
and
921.0024, Florida Statutes, provide for different amounts of injury
points depending on whether the victim’s injury is severe, moderate, or
slight....
...(“‘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.”); see § 921.0024, Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2003 WL 186971
...Appellant was convicted of second degree murder as a result of shooting and killing her former husband. We find no errors as to the conviction, but conclude that the trial court erred in using a domestic violence multiplier when imposing her sentence. The multiplier was imposed under section 921.0024, Florida Statutes (1999), which provides for multiplying sentencing points by 1.5 if domestic violence is committed in the "presence" of a child who is a family household member....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 555, 2011 WL 222285
...ing his claims, which the court incorporated in its order. This sufficiently complies with the requirement that copies of those portions of the record be attached to the order for our review. As to the claim that 80 points were erroneously included, section 921.0024, Florida Statutes, provides that 80 points shall be scored for *1033 sexual penetration, which corresponds to the jury's finding....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2002 WL 80263
...riminal Procedure 3.800(a). Mr. Romero was sentenced pursuant to the Criminal Punishment Code to a sentence below the statutory maximum. Thus, his current sentence is legal. Any scoresheet error would affect only the lowest permissible sentence. See § 921.0024, Fla....
CopyCited 1 times | Published | Supreme Court of Florida
...[or] [a Mentally Incapacitated Person] was Involved]. Define
applicable felony unless included in other instructions.
- 15 -
If the State has charged and is seeking the adult-on-minor sex offense
multiplier in § 921.0024(1)(b), Fla....
...circumstances in §
787.01(3), Fla. Stat., then those aggravating circumstances
would be lesser-included crimes.
- 16 -
*If the State charged the defendant in a way to score the adult-on-minor sex
offense multiplier in §
921.0024(1)(b), Fla....
...ective Person]
[or] [a Mentally Incapacitated Person] was Involved]. Define
applicable felony unless included in other instructions.
If the State has charged and is seeking the adult-on-minor sex offense
multiplier in § 921.0024(1)(b), Fla....
...Imprisonment with aggravating circumstances in §
787.02(3), Fla. Stat., then those
aggravating circumstances would be lesser-included crimes.
*If the State charged the defendant in a way to score the adult-on-minor sex
offense multiplier in §
921.0024(1)(b), Fla....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2008 WL 373242
...obviously more than the minimum guidelines sentence represented by the state, [2] its only cognizable claim of error is that the last 364 days of the period is in the Miami-Dade County jail rather than the state prison as the guidelines contemplate. § 921.0024(2), Fla....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2012 Fla. App. LEXIS 21989, 2012 WL 6682018
...(2009) (“The Criminal Punishment Code applies to all felonies, except capital felonies, committed on or after October 1, 1998. Any revision to the Criminal Punishment Code applies to sentencing for all felonies, except capital felonies, committed on or after the effective date of the revision.”); § 921.0024(l)(b)2., Fla....
...State,
14 So.3d 1166 (Fla. 4th DCA 2009); State v. Kasten,
775 So.2d 992 (Fla. 3d DCA 2000). . Because the violation of probation is factored into the guideline computation, the bottom of the guidelines now provides for two and one-half years in prison. See §
921.0024(l)(b)2.a„ Fla....
...of the evidence. The bill sets forth a number of factors that may be considered by the court in determining dangerousness, and requires the court to enter a written order in support of its findings. The bill also amends the Criminal Punishment Code (s.921.0024, F.S.) to increase the number of Community Sanction Violation Points that are added to the violent felony offender of special concern’s Total Sentence Points as a result of the violation....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2007 WL 4458176
...felonies, and one third degree felony. The felonies occurred between October 1, 2004 and April 23, 2005. His Criminal Punishment Code scoresheet of 880.1 total sentence points created a lowest permissible prison sentence of 53.25 years. Pursuant to section 921.0024(2), Florida Statutes (2004), the trial court was authorized to sentence Cliatt to life imprisonment: The lowest permissible sentence is the minimum sentence that may be imposed by the trial court absent a valid reason for departure....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal
...community control must be imposed according to the sentencing law
applicable at the time of the commission of the original offense."), the trial court had to
use the sentencing scoresheet associated with the 1998 CPC when sentencing him for
his violation of community control.
The 1998 version of section
921.0024(1)(b) directs that the assessment of
"[c]ommunity sanction violation points [be] assessed when a community sanction
violation is before the court for sentencing." See also §
921.0021(6)(b) (enumerating
community control as a "community sanction")....
...e the sentencing court,
twelve (12) community sanction violation points are
assessed for such violation, and for each successive
community sanction violation involving a new felony
conviction.
§ 921.0024(1)(b)....
...2010) ("As a result of these community
sanction violation points, the scoresheet prepared for a sentencing upon revocation of
probation necessarily will differ from the scoresheet prepared for the original
sentencing. Recalculation is not only permitted but required by section 921.0024.").
Because the scoresheet's inclusion of Mr....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal
...hird-degree felony, is illegal. We conclude that Champagne's twenty-year sentence is legal, and we certify a question of great public importance. Champagne was sentenced under the Criminal Punishment Code, chapter 921, Florida Statutes (2005) (CPC). Section 921.0024(2) states that when "the lowest permissible sentence under the [CPC] exceeds the statutory maximum sentence as provided in s....
...ence on the robbery count. 2 The court then sentenced Champagne to twenty years (240 months) in prison on the false imprisonment count. 3 In his postconviction motion, Champagne argued that his twenty-year sentence is illegal based on his reading of section 921.0024(2) and Butler v....
...ntences for any additional offenses must not exceed the individual statutory maximums for those offenses. Essentially, Champagne contends that the LPS is a collective minimum sentence. The postconviction court denied Champagne's motion, finding that section 921.0024 does not require the LPS to be imposed "only if it exceeds the statutory maximum for the primarily scored offense....
...Additional offenses, those "for which an offender is convicted and which [are] pending before the court for sentencing at the time of the primary offense," §
921.0021(1), are scored and included in the total sentence points calculation, which is then used solely to determine the offender's LPS, see §
921.0024(1)(a), (2)....
...Additional offenses are also referenced as part of the CPC's sentencing range: "The permissible range for sentencing shall be the [LPS] up to and including the statutory maximum, as defined in s.
775.082, for the primary offense and any additional offenses before the court for sentencing." §
921.0024(2). The LPS "is assumed to be the lowest appropriate sentence for the offender being sentenced," §
921.00265(1), and it "is the minimum sentence that may be imposed by the trial court, absent a valid reason for departure," §
921.0024(2)....
...imum sentence " does not reference primary or *633 additional offenses, statutory maximum s , or multiple sentences: "If the [LPS] exceeds the statutory maximum sentence as provided in s.
775.082, the sentence required by the [CPC] must be imposed." §
921.0024(2); cf....
...775.082, F.S., unless the [LPS] exceeds the statutory maximum." (emphasis added) ). The CPC also provides that the trial court "may impose a sentence up to and including the statutory maximum for any offense," §
921.002(1)(g), and expressly allows for concurrent or consecutive sentencing, §
921.0024(2)....
...ffense at sentencing for which it exceeds that offense's statutory maximum, or a collective minimum sentence. If the LPS is an individual minimum sentence, our analysis is complete and the LPS was legally imposed. But as is apparent, the language of section
921.0024(2) is not consistent; both singular and plural terms are used, and the terms statutory maximum and statutory maximum sentence are used without explanation or definition. Although the supreme court has interpreted section
921.0024(2), it has not addressed the issue presented to us. And as will be seen, courts have not consistently applied the language. B. Precedent 1. Butler v. State ,
838 So.2d 554 (Fla. 2003) In Butler , the supreme court determined that sections
921.002(1)(g) and
921.0024(2), respectively providing that a court may sentence an offender up to the statutory maximum for any offense and that a court must impose the LPS where it exceeds the statutory maximum sentence, are not in conflict and can be harmonized.
838 So.2d at 556 . In so concluding, the supreme court held that "when section
921.0024(2) applies so that the statutory maximum sentence as provided in section
775.082, Florida Statutes (2002), is exceeded by the [LPS], the [LPS] becomes the maximum sentence which the trial judge can impose." Id....
...But Moore does not address how to apply the directive to impose the LPS when it exceeds the statutory maximum sentence. Nor does it address whether the LPS is an individual minimum sentence or whether the "statutory maximum" referenced in the range is different than the "statutory maximum sentence" in the directive of section 921.0024(2). IV. Analysis Although courts have applied the language of section 921.0024(2) and the holdings of Butler and Moore , they have often done so inconsistently, with conflicting application and results, and without analysis....
...have imposed in the instant case is [the LPS of] 64.5 months" without distinguishing between the two convictions). 7 The inconsistencies may be strictly the result of courts addressing only the discreet issues presented and the terms or portions of section 921.0024(2) about which they were asked. Nonetheless, the results of these cases and their applications of section 921.0024(2) are often conflicting and, at a minimum, imprecise....
...idual offense; and that where it exceeds the statutory maximum sentence, the LPS becomes the maximum sentence which may be imposed. What has not been analyzed, except in two concurrences and one dissent, is how to interpret and apply the language of section 921.0024(2) where there are multiple convictions at sentencing....
...State ,
199 So.3d 960 , 964 (Fla. 4th DCA 2016) (Warner, J., concurring specially); Dennard v. State ,
157 So.3d 1055 , 1056-57 (Fla. 4th DCA 2014) (Conner, J., concurring specially); Id. at 1057-61 (Warner, J., dissenting). And although it has been stated that section
921.0024(2) "is unclear on how a sentence should be imposed in cases where there are multiple offenses for sentencing and the sentencing points result in a[n] [LPS] above the statutory maximum," we disagree. See Dennard ,
157 So.3d at 1056-57 (Conner, J., concurring specially) (discussing two potential interpretations of section
921.0024(2) as requiring imposition of the LPS "for each offense" for which it exceeds that offense's statutory maximum or as requiring imposition of the LPS where it exceeds the primary offense's statutory maximum); see also Colon ,
199 So.3d at 964 (Warner, J., concurring specially) (discussing application of section
921.0024(2)'s *636 directive when the statutory maximum of the primary offense exceeds the LPS but the additional offense statutory maximum is less than the LPS); Dennard ,
157 So.3d at 1059-61 (Warner, J., dissenting) (interpreting Butler and the language of section
921.0024(2) as requiring the court to sentence the offender to at least the LPS on the primary offense where the primary offense's statutory maximum exceeds the LPS but prohibiting the court from sentencing the offender to the LPS on an addit...
...ceeds the statutory maximum for the additional offense and determining that in light of Moore , the LPS "is the collective total minimum sentence for all offenses" and " not the sentence which must be applied to each offense at sentencing" such that section 921.0024(2)'s directive "appl[ies] to the collective total statutory maximum of the individual sentences "). Based on the language of section 921.0024(2) and bounded by the language of Butler and Moore , we conclude that the LPS is an individual minimum sentence which applies to each felony at sentencing for which the LPS exceeds that felony's statutory maximum sentence, regardless of whether the felony is the primary or an additional offense....
...As noted previously, because Butler appears to have involved misdemeanor additional offenses, to which the CPC does not apply and for which consecutive sentencing would be impossible, 9 Butler 's holding in this context is questionable. Likewise, while Moore did not address the directive of section 921.0024(2) requiring imposition of the LPS when it exceeds the statutory maximum where multiple convictions are before the court for sentencing, the court's holding that once the *637 minimum sentence is established the offenses are no longer interrelated is important to our conclusion....
...775.082 for an offense at conviction, or the consecutive statutory maximums for offenses at conviction, unless otherwise provided by law." (emphasis added) ). Although this court has not previously analyzed the statutory language or how it is to be applied, it has cited Butler and section 921.0024(2) and remanded for resentencing where the sentences were illegal, exceeding both the LPS and the statutory maximums....
...son for departure, to sentence the defendant to the [LPS] for each crime" and that "[o]nly the State's agreement to cap [the offender's] sentence ... enabled the trial court to depart from imposing the [LPS] for both counts" (emphasis added) (citing § 921.0024(2), Fla....
...1st DCA 2016) (concluding, in part, that the LPS was required to be imposed on each of two third-degree felony convictions, neither of which would have been the primary offense where a second-degree felony conviction was also pending before the court for sentencing, stating "[p]er section 921.0024(2) and Butler , [the LPS] becomes the required sentence" for both third-degree felony convictions not subject to habitual felony offender enhancement)....
...11 But see *638 Colon ,
199 So.3d at 964 (Warner, J., concurring specially) ("[I]n this case, as the statutory maximum for [the primary offense] was life, well in excess of the LPS, sentencing appellant to the LPS for the primary offense satisfies the statutory directive of section
921.0024(2). The sentences for the remaining third degree felonies should not exceed the statutory maximum for each crime."); Dennard ,
157 So.3d at 1060-61 (Warner, J., dissenting) (determining that the directive of section
921.0024(2) can be harmonized with the language from section
921.002(1)(g) that the trial court "may impose a sentence up to and including the statutory maximum for any offense" and courts may impose concurrent or consecutive sentences, direc...
...to counts one to three, for a total of 48.5 years. In case 2D14-4920, the trial court sentenced him to 15 years for each of the seven counts .... [T]he sentences imposed on Mr. Walsh are legal ." (emphasis added) ). It is evident that the effect of section 921.0024(2)'s directive differs significantly if the LPS is an individual minimum sentence rather than a collective minimum sentence....
...Conclusion We affirm the postconviction court's order and conclude that Champagne's sentence on the false imprisonment conviction is legal. Recognizing the importance of the issue, we certify the following question: IS THE LOWEST PERMISSIBLE SENTENCE AS DEFINED BY AND APPLIED IN SECTION 921.0024(2), FLORIDA STATUTES (2017), AN INDIVIDUAL MINIMUM SENTENCE AND NOT A COLLECTIVE MINIMUM SENTENCE WHERE THERE ARE MULTIPLE CONVICTIONS SUBJECT TO SENTENCING ON A SINGLE SCORESHEET? Affirmed; question certified....
...KELLY and LUCAS, JJ., Concur. A single scoresheet is prepared "for each defendant to determine the permissible range for the sentence that the court may impose," and the scoresheet "must cover all of the defendant's offenses pending before the court for sentencing." § 921.0024(3); see also Fla....
...§
921.00265(2). The CPC expressly states that it applies "to all felony offenses, except capital felonies, committed on or after October 1, 1998," §
921.002, but it also allows for misdemeanors to be scored as additional offenses and prior record, §
921.0024(1)(a); see Fudge v....
CopyCited 1 times | Published | Supreme Court of Florida | 2007 WL 1147076
...riminal Procedure to conform the rules to recent legislation. [1] We have jurisdiction. See art. V, § 2(a), Fla. Const. In chapter 2007-2, section 5, Laws of Florida, as part of the Anti-Murder Act, effective March 12, 2007, the Legislature amended section
921.0024(1)(b), Florida Statutes, to mandate the assessment of community sanction violation points for violations occurring on or after March 12, 2007, of probation or community control by a violent felony offender of special concern as defined in section
948.06, Florida Statutes (2006)....
...is for multiplying the assessment of community sanction violation points. (17)-(28) [No Change] Committee Notes [No Change] *1162 *1163 *1164 NOTES [1] The proposed amendments conform the rules to chapter 2007-2, section 5, Laws of Florida (amending section 921.0024(1)(b), Florida Statutes). [2] Section 921.0024(4), Florida Statutes (2006), requires that the Department of Corrections develop and submit the revised Criminal Punishment Code Scoresheet to the Court for approval by June 15 of each year, as necessary, in consultation with the Office of the State Courts Administrator, state attorneys, and public defenders....
CopyCited 1 times | Published | Supreme Court of Florida | 2016 WL 1460708
...depending on the charging document and the evidence.
See Instruction 11.16 or 11.16(a) if the State charged that the defendant
qualified as a Dangerous Sexual Felony Offender, pursuant to §
794.0115, Fla.
Stat.
The 2014 legislature added a sentencing multiplier to §
921.0024(1)(b), Fla.
Stat., for sexual battery crimes involving a defendant 18 years of age or older and a
victim younger than 18 years of age....
...sexual activity.”
See Instruction 11.16 or 11.16(a) if the State charged that the defendant
qualified as a Dangerous Sexual Felony Offender, pursuant to §
794.0115, Fla.
Stat.
The 2014 legislature added a sentencing multiplier to §
921.0024(1)(b), Fla.
Stat., for sexual battery crimes involving a defendant 18 years of age or older and a
- 37 -
victim younger than 18 years of age....
...qualified as a Dangerous Sexual Felony Offender, pursuant to §
794.0115, Fla.
Stat.
In the event that multiple perpetrators is charged and proven, a special
instruction is necessary. See §
794.023, Fla. Stat.
The 2014 legislature added a sentencing multiplier to §
921.0024(1)(b), Fla.
Stat., for sexual battery crimes involving a defendant 18 years of age or older and a
victim younger than 18 years of age....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2007 WL 1093488
...Lewis argues that his scoresheet erroneously increased the level of his offense from a level 7, second-degree felony to a level 8, first-degree felony under section *1272
775.087(1)(b), Florida Statutes (2003), and added an additional eighteen sentence points for the use of a firearm under section
921.0024(1)(b), Florida Statutes (2003)....
...921.0023 of the felony offense committed. Here, it is undisputed that Mr. Lewis used a firearm when committing a felony. Therefore, the trial court properly reclassified his charge of manslaughter, a level 7, second-degree felony to a level 8, first-degree felony. Section 921.0024(1)(b), Florida Statutes (2003), provides that: If the offender is convicted of committing or attempting to commit any felony other than those enumerated in s....
...Lewis used a firearm in the commission of the charged offense, the trial court's inclusion of eighteen additional sentence points is not, on its face, error. Mr. Lewis contends that his sentence constitutes an impermissible double enhancement because sections
775.087(1)(b) and
921.0024(1)(b) serve the same purpose, i.e., punishment for the use of a firearm during a crime....
...Similarly, in this case, the charged crime is not an offense enumerated in section
775.087(2), and carrying a weapon or firearm is not an essential element of manslaughter. [2] For these reasons, the trial court did not err in enhancing Mr. Lewis's sentence under both section
775.087(1) and section
921.0024(1)....
...icide or murder, according to the provisions of this chapter, is manslaughter, a felony of the second degree, punishable as provided in s.
775.082, s.
775.083, or s.
775.084. [3] Even if the trial court erred in applying both sections
775.087(1) and
921.0024(1) to the sentencing scoresheet, it was harmless error....
CopyPublished | Florida 5th District Court of Appeal | 2015 Fla. App. LEXIS 13194, 2015 WL 5165545
...parole.” § 775.0825, Fla. Stat. (1993). Sections
784.07(3) and 775.0825 applied only to first-degree murder. State v. Iacovone,
660 So.2d 1371, 1374 (Fla.1995). Neither (sub)section exists today. . The Legislature did not alter subsection (2). . Section
921.0024, Florida Statutes, currently provides for a sentencing multiplier when the primary offense is a violation of LEPA....
CopyPublished | Supreme Court of Florida
...e Score-sheet). We have jurisdiction. See art. V, § 2(a), Fla. Const. The Supreme Court Criminal Court Steering Committee (Steering Committee) proposes amendments to rule 3.992(a) in light of chapter 2014-4, section 9, Laws of Florida, which amends section 921.0024(l)(b), Florida Statutes (effective October 1, 2014)....
CopyPublished | Supreme Court of Florida | 2014 WL 4360978
...Scoresheet). We have jurisdiction. See art. V, § 2(a), Fla. Const.
The Supreme Court Criminal Court Steering Committee (Steering
Committee) proposes amendments to rule 3.992(a) in light of chapter 2014-4,
section 9, Laws of Florida, which amends section 921.0024(1)(b), Florida Statutes
(effective October 1, 2014)....
CopyPublished | Supreme Court of Florida | 26 Fla. L. Weekly Supp. 626, 2001 Fla. LEXIS 1929, 2001 WL 1130811
...ive session and effective July 1, 2001. The Committee seeks to amend Florida Rules of Criminal Procedure 3.704 and 3.992. We have jurisdiction. See art. V, § 2(a), Fla. Const. In chapter 2001-183, section 4, Laws of Florida, the Legislature amended section 921.0024(3), Florida Statutes (2000), to relieve the Department of Corrections of responsibility for the preparation of score-sheets and to place sole authority with the state attorneys’ offices....
...The change to rule 3.704(d)(22), concerning criminal street gangs, is intended to enhance an offense committed “for the purpose of benefitting, promoting, or furthering the interests of a criminal street gang.” The change is based on chapter 2001-126, section 2, Laws of Florida, which amends section
874.04 and section
921.0024(l)(b), Florida Statutes (2000), to bring the statutes into conformity with this Court’s decision in State v....
...t Code and any mandatory minimum penalties apply. Mandatory minimum sentences must be recorded on the scoresheet. (27) Any downward departure from the lowest permissible sentence, as calculated according to the total sentence points pursuant tounder section 921.0024, Florida Statutes, is prohibited unless there are circumstances or factors that reasonably justify the downward departure....
CopyPublished | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 516, 2010 Fla. LEXIS 1610, 2010 WL 3701323
...es, which has been renumbered as section
938.29, Florida Statutes (2009). Finally, rule 3.704 (The Criminal Punishment Code) is amended in response to chapter 2007-212, Laws of Florida. That legislation revised part of the worksheet key contained in section
921.0024(l)(b), Florida Statutes, pertaining to the law enforcement protection act multiplier....
CopyPublished | Florida 1st District Court of Appeal
...1st DCA 2019) (rejecting
3.800(a) claim where appellant’s original sentence was not
inconsistent with Graham or Miller). Appellant has not pointed to
any specific prohibition against the sentences imposed in this case.
Appellant’s sentence constitutes a legal punishment. See §
921.0024(2) (“The permissible range for sentencing shall be the
lowest permissible sentence up to and including the statutory
maximum, ....”);
775.021(4), Fla....
CopyPublished | Florida 1st District Court of Appeal
...Appellant,
v.
STATE OF FLORIDA,
Appellee.
_____________________________
On appeal from the Circuit Court for Gadsden County.
Robert R. Wheeler, Judge.
September 21, 2022
PER CURIAM.
AFFIRMED. See § 921.0024 (2), Fla....
CopyPublished | Florida 4th District Court of Appeal
...“[C]urrent
Florida law gives a sentencing judge unlimited discretion to sentence a
defendant up to the maximum term set by the legislature for a particular
crime.” Alfonso-Roche v. State,
199 So. 3d 941, 946 (Fla. 4th DCA 2016)
(Gross, J., concurring); see also §
921.0024 (2), Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2005 Fla. App. LEXIS 13861, 2005 WL 2105371
...Under the Criminal Punishment Code, the maximum sentence that may be imposed for an offense is the statutory maximum for that offense, unless the lowest permissible prison sentence calculated on the offender’s scoresheet exceeds the statutory maximum. See § 921.0024(2), Fla....
CopyPublished | Florida 4th District Court of Appeal
...Anderson,
Assistant Public Defender, West Palm Beach, for appellant.
Ashley Moody, Attorney General, Tallahassee, and Deborah Koenig,
Assistant Attorney General, West Palm Beach, for appellee.
PER CURIAM.
On appeal, appellant argues that the trial court erred in imposing a
sentence that was illegal under section 921.0024(2), Florida Statutes
(2020)....
... “Because a motion to correct a sentencing error involves a pure issue
of law, our standard of review is de novo.” Metellus v. State,
310 So. 3d
90, 92 (Fla. 4th DCA 2021) (quoting Brooks v. State,
199 So. 3d 974, 976
(Fla. 4th DCA 2016)).
Section
921.0024(2) provides in part:
The permissible range for sentencing shall be the [LPS] up to
and including the statutory maximum, as defined in s.
775.082, for the primary offense and any additional offenses
before the court for sentencing....
...If the [LPS] under the code
exceeds the statutory maximum sentence as provided in s.
775.082, the sentence required by the code must be imposed.
If the total sentence points are greater than or equal to 363,
the court may sentence the offender to life imprisonment.
§
921.0024(2), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2006 Fla. App. LEXIS 14638, 2006 WL 2519540
...He entered his plea and was placed on probation in case number 01-11925 on July 29, 2002. As a result, case number 02-7205 could not be used to assess points for a community sanction violation for the violation of appellant’s probation in case number 01-11925. See § 921.0024(l)(b), Fla....
...(2002); Fla. R.Crim. P. 3.704(d)(16). Correcting this error would reduce the lowest permissible sentence on appellant’s scoresheet and in turn reduce the maximum sentence he could receive for the third degree felonies that were pending for sentencing. § 921.0024(2), Fla....
CopyPublished | Florida 1st District Court of Appeal | 1999 WL 781780
...nity sanction violation points on appellant's guideline scoresheet. The assessment of community sanction violation points under the sentencing guidelines in the instant case involves the interpretation and application of the sentencing guidelines in section 921.0024(1)(b), Florida Statutes (1997) and subparagraph (d)(17) of rule 3.703, Florida Rules of Criminal Procedure. In section 921.0024(1)(b), the Legislature has set forth the scoresheet points to be assessed for community sanction violations, in pertinent part, as follows: Community sanction violation points are assessed when a community sanction violation is before the court for sentencing....
...State,
617 So.2d 829, 830 (Fla. 1st DCA 1993)("[m]ultiple violations are successive violations which follow reinstatement or modification of probation or community control, rather than a violation of several conditions of a single probation order."). Thus, under section
921.0024(1)(b) and rule 3.703(d)(17), for each time that appellant violated the reinstatement or modification of his probation/community control by committing a new felony, 12 points can be assessed....
...To hold otherwise might discourage judges from giving probationers a second or even a third chance. Moreover, a defendant who has been given two or more chances to stay out of jail may logically expect to be penalized for failing to take advantage of the opportunity. Consistent with Williams, section 921.0024(1)(b) requires that "if the community sanction violation includes a new felony conviction" 12 community sanction violation points are to be assessed "for such violation, and for each successive community sanction violation involving...
...lation, even though each violation may have involved more than one case. Accordingly, a maximum of 36 points may be assessed here. This reading of the statute is supported by language of the identical last sentences in both the applicable portion of section 921.0024(1)(b) and in rule 3.703(d)(17), which provide that: "Multiple counts of community sanction violations before the sentencing court shall not be the basis for multiplying the assessment of community sanction violation points." Thus, wh...
...Contrary to the argument of the state in its initial brief, this amendment did not authorize the assessment of separate community sanction violation points for each case involved in the violation. We conclude that this change was made to make the terminology of the rule consistent with section 921.0024(1)(b). Further, the use of the term "counts" in both section 921.0024(1)(b) and rule 3.703(d)(17) is consistent with the use of that term in the form of judgment provided by the Rules of Criminal Procedure....
CopyPublished | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 16263, 35 Fla. L. Weekly Fed. D 2365
...Aggravated assault with a firearm is a third degree felony, carrying a maximum penalty of five years. §§
784.021(2) and
775.082(3)(d), Fla. Stat. (2005). However, because the defendant scored 15.56 years in prison on his scoresheet, the court did not err in sentencing him to fifteen years. See §
921.0024(2), Fla....
CopyPublished | Florida 1st District Court of Appeal
...ing offense—failure
of a sex offender to report a change in address. “If the lowest permissible sentence
under the code exceeds the statutory maximum sentence as provided in s.
775.082,
the sentence required by the code must be imposed.[1]” §
921.0024(2), Fla....
...minimum permissible sentence
and no more.’” Thompson v. State,
79 So. 3d 208, 208 (Fla. 2d DCA 2012) (quoting
Horne v. State,
6 So. 3d 99, 101 (Fla. 2d DCA 2009), and citing Butler v. State,
838
So. 2d 554, 556 (Fla. 2003) (holding that “when section
921.0024(2) applies so that
the statutory maximum sentence as provided in section
775.082, Florida Statutes ....
...Neither the CPC nor case law provides, however, that the statutory maximum
sentence becomes the only downward departure sentence available whenever the
lowest permissible guidelines sentence exceeds the statutory maximum. See
generally § 921.0024, Fla....
CopyPublished | Florida 4th District Court of Appeal | 2003 Fla. App. LEXIS 15707, 2003 WL 22399712
...t was incorrect, as it omitted another charge, and under the corrected scoresheet the minimum permissible sentence was 17.7 months. The trial court felt bound to impose the 13.8 month sentence, and did so without stating a reason for departure under section 921.0024(2), Florida Statutes (2001)....
CopyPublished | District Court of Appeal of Florida
for the sentence that the court may impose[.]” §
921.0024(3), Fla. Stat. (2020); see Fla. R. Crim. P. 3
CopyPublished | Florida 1st District Court of Appeal | 1999 Fla. App. LEXIS 13713, 1999 WL 934338
...served concurrently in two separate cases, rather than 12 points as required by Florida Rule of Criminal Procedure 3.703(d)(17). As we held in Brown v. State,
741 So.2d 1242 , (Fla. 1st DCA 1999), Florida Rule of Criminal Procedure 3.703(d)(17) and section
921.0024(l)(b), Florida Statutes, limits to 12 points the number of community sanction violations points that may be assessed for each successive violation created by a new felony conviction....
CopyPublished | Florida 4th District Court of Appeal
PER CURIAM. Affirmed on the authority of Section 921.24, Florida Statutes, 1965, F.S.A. LILES, C. J
CopyPublished | Florida 2nd District Court of Appeal
...hearing in January 2018, shows a conviction for second-degree felony burglary.
Beginning with his first violation hearing, the State assessed legal status points for each
successive violation of community control due to Mr. McCray's VFOSC designation.1
See § 921.0024(1)(a)(2), Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2015 Fla. App. LEXIS 15347, 2015 WL 6087195
...assault or act involving a child was twenty years. It then applied the rule that when the
lowest permissible sentence under the code exceeds the applicable statutory maximum
sentence, the lowest permissible sentence under the code must be imposed. See §
921.0024(2), Fla....
CopyPublished | Florida 1st District Court of Appeal | 1999 Fla. App. LEXIS 11155, 1999 WL 632099
CORRECTED OPINION PER CURIAM. Ricky D. Frazier appeals his sentence entered following a no contest plea to a charge of sale of counterfeit controlled substance and violation of probation. Appellant contends that the trial court erroneously applied section 921.0024(l)(b), Florida Statutes (1997), and Florida Rule of Criminal Procedure 3.703(d)(17) by assessing 24 community sanction violation points, rather than 12 points, on his sentencing guidelines scoresheet for his violation of probation being served concurrently in two cases. The trial court scored 12 community sanction violation points for each prior case for which appellant’s new felony conviction constituted a community sanction violation. Appellant argues that under section 921.0024(l)(b) and rule 3.703(d)(17) a maximum of 12 community sanction violation points may be assessed for each new felony conviction....
CopyPublished | Florida 2nd District Court of Appeal
...following revocation of Stauderman's probation was not the statutory maximum of 5
years' imprisonment prescribed for a third-degree felony but 74.7 months' imprisonment,
which was lowest permissible sentence on Stauderman's Criminal Punishment Code
scoresheet. See § 921.0024(2), Fla....
CopyPublished | Florida 1st District Court of Appeal
...We affirm and write only to address
Appellant’s contention that the trial court improperly sentenced
him to a first degree felony under section
794.011(5)(a), Florida
Statutes, and improperly assessed an adult-on-minor sentence
points multiplier under section
921.0024(2), Florida Statutes, in
absence of a jury verdict specifying the victim’s age.
The age of the victim increased the maximum sentence faced
by Appellant and was therefore an element of the crime which
needed to be proven....
CopyPublished | Florida 1st District Court of Appeal
...Analysis
Under the CPC, the lowest permissible sentence calculated in the offender’s
scoresheet is “the minimum sentence that may be imposed by the trial court, absent
a valid reason for departure.” § 921.0024(2), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2001 Fla. App. LEXIS 16387, 2001 WL 1471794
...He also claims that the court erroneously imposed consecutive sentences on two of the counts, arguing the Criminal Punishment Code precludes consecutive sentences for convictions arising out of the same criminal episode. We reject this argument, as the statute clearly permits the imposition of consecutive sentences. See § 921.0024(2), Fla....
CopyPublished | Florida 5th District Court of Appeal
...738 (1967).
2
See §
806.13(1)(b)3., Fla. Stat. (2020).
3
See §
893.13(6)(a), Fla. Stat. (2020).
4
See §
775.082(3)(e), Fla. Stat. (2020).
2
his sentences should exceed five years. See §
921.0024(2), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2007 Fla. App. LEXIS 18139, 2007 WL 3355600
PER CURIAM. Affirmed. Appellant demonstrated no illegality in the trial court’s imposing consecutive sentences in this case, where the sentences were not enhanced. See §
921.16(1), Fla. Stat. (2000); §
921.0024(2), Fla....
CopyPublished | Florida 3rd District Court of Appeal
...1998 is governed by the Criminal Punishment Code, enacted by the Florida
Legislature and contained in Chapter 921, Florida Statutes. See also Fla. R. Crim.
P. 3.704 (implementing, and providing procedural components for, the Criminal
Punishment Code). Pursuant to section 921.0024(1)(a), Fla....
CopyPublished | Florida 1st District Court of Appeal | 1999 Fla. App. LEXIS 14833, 1999 WL 1014939
...The trial court, by assessing 24 community sanction violation points, impermissibly multiplied the assessment of community sanction violation points because there were two “counts” or “cases” against Hyman covered by the sentence. The statute and rule do not permit this. § 921.0024(l)(b), F.S....
CopyPublished | Florida 4th District Court of Appeal | 2008 WL 1958638
...tatus on his scoresheet. The State agrees and so do we. Legal status points are assessed at the time of sentencing if, at the time of the commission of the offense(s) for which he is being sentenced, the defendant was under any form of legal status. §
921.0024(1)(b), Fla. Stat. (2006); Fla. R.Crim. P. 3.704(d)(15); see Kelly v. State,
706 So.2d 396 (Fla. 1st DCA 1998). "Community sanction violation points are assessed when a community sanction violation is before the court for sentencing." §
921.0024(1)(b); accord Fla....
CopyPublished | District Court, N.D. Florida | 2002 U.S. Dist. LEXIS 9787, 2002 WL 971734
...and 80 points where there has been sexual penetration of the victim, reflecting that sexual penetration is two thirds as harmful in the eyes of the citizens of Florida as an offense (other than second degree murder) which results in death. FLA.STAT. § 921.0024(1)(a), victim injury table....
CopyPublished | Florida 4th District Court of Appeal | 2015 Fla. App. LEXIS 8029, 2015 WL 3396661
...fficer without violence as
additional offenses because the charges were not pending before the
court for sentencing following his VOP. We agree.
A defendant’s scoresheet sets forth the permissible range for the
sentence a court may impose. See § 921.0024(3), Fla. Stat. (2010). It
“must cover all the defendant’s offenses pending before the court for
sentencing.” § 921.0024(3) Fla. Stat. A defendant is assigned points for
the primary offense and for any additional offenses. § 921.0024(1)(a),
Fla....
CopyPublished | Florida 4th District Court of Appeal | 2004 Fla. App. LEXIS 7344, 2004 WL 1161642
...ment code scoresheet, under which appellant was sentenced, provides that additional points for possession of a firearm are assessed if the offender is convicted of “any felony other than those enumerated in section
775.087(2), Florida Statutes.” §
921.0024(l)(b), Fla....
CopyPublished | Florida 3rd District Court of Appeal
...the Circuit Court for Miami-Dade County, Lody Jean, Judge.
Eduardo Luis Galiana, in proper person.
Ashley Moody, Attorney General, and Richard L. Polin, Assistant
Attorney General, for appellee.
Before EMAS, MILLER, and BOKOR, JJ.
PER CURIAM.
Affirmed. See § 921.0024(2), Fla....
...(1999) (“If the lowest
permissible sentence under the code exceeds the statutory maximum
sentence as provided in [section
775.082, Florida Statutes], the sentence
required by the code must be imposed.”); State v. Gabriel,
314 So. 3d 1243,
1246 (Fla. 2021) (“[U]nder section
921.0024(2), the [lowest permissible
sentence] is an individual minimum sentence where there are multiple
convictions subject to sentencing on a single scoresheet.”).
2
CopyPublished | Florida 3rd District Court of Appeal | 2009 Fla. App. LEXIS 5790, 2009 WL 1393388
...asked the State how the defendant scored for sentencing purposes. The State responded that defendant scored non-state prison sanction, meaning that defendant could be sentenced to less than 365 days in jail, or another non-state prison sanction. See § 921.0024(2), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2012 Fla. App. LEXIS 7841, 2012 WL 1698089
...Section
775.082(10) provides, in pertinent part: If a defendant is sentenced for an offense committed on or after July 1, 2009, which is a third degree felony but not a forcible felony as defined in s.
776.08, and excluding any third degree felony violation under chapter 810, and if the total sentence points pursuant to s.
921.0024 are 22 points or fewer, the court must sentence the offender to a nonstate prison sanction....
...Moreover, a sentence imposed under the habitual offender statute is not subject to the Criminal Punishment Code. See
775.084(4)(h), Fla. Stat.; State v. Collins,
985 So.2d 985, 991 (Fla.2008). Section
775.082(10) refers to the Criminal Punishment Code in designating the total sentence points allowed under section
921.0024....
CopyPublished | Florida 1st District Court of Appeal
...The State argued that there was no legal basis for a downward
departure, as consent would not be a defense even if the victim was
17 years old. The State produced a sentencing scoresheet that
applied a 2.0 multiplier for adult-on-minor sex offenses. See §
921.0024(1)(b), Fla....
...for the multiplier to apply only to less serious crimes. Appellant
3
looks to the staff analysis for support, but the language of the
statute itself clearly states that the multiplier applies to sexual
batteries and other felony offenses. § 921.0024(1)(b), Fla....
...stating: “If applying the multiplier results in the lowest
permissible sentence exceeding the statutory maximum sentence
for the primary offense under chapter 775, the court may not apply
the multiplier and must sentence the defendant to the statutory
maximum sentence.” § 921.0024(1)(b), Fla....
... Here, because the total resulting sentence with the multiplier
applied exceeded the statutory maximum sentence for Appellant’s
primary offense, the multiplier could not be applied, and the
statutory maximum had to be imposed on the primary offense. See
§ 921.0024(1)(b), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2013 WL 811600, 2013 Fla. App. LEXIS 3521
...the permissible sentencing range that the court may impose on a defendant, unless the defendant is before the court for sentencing for more than one felony and the felonies were committed under more than one version of the sentencing guidelines. See § 921.0024(3), Fla....
CopyPublished | Florida 1st District Court of Appeal
...increases the mandatory minimum is an ‘element’ that must be
submitted to the jury.”
570 U.S. 99, 103 (2013). In calculating
Vereen’s lowest permissible sentence under the Criminal
Punishment Code, the court included eighty victim-injury points
for sexual penetration. §
921.0024(1)(a), Fla....
CopyPublished | Florida 5th District Court of Appeal | 2010 Fla. App. LEXIS 3910, 2009 WL 4874760
...s a question of great public importance that necessitates resolution by our high court. GRIFFIN, LAWSON and JACOBUS, JJ., concur. NOTES [1] §
794.011(1)(h) & (8)(b), Fla. Stat. (2006). [2] §
800.04(5)(a) & (c)2., Fla. Stat. (2006). [3] Pursuant to section
921.0024(2), Florida Statutes, if a defendant's scoresheet points are greater than or equal to 363, the court may sentence the defendant to life imprisonment....
CopyPublished | Supreme Court of Florida
...rule 3.992 (Criminal Punishment Code Scoresheets). The CCSC’s
report was in response to a referral from the Court to propose
amendments to the rule in accordance with the Court’s recent
decision in State v. Gabriel,
314 So. 3d 1243, 1252 (Fla. 2021)
(concluding that “under section
921.0024(2), the LPS [lowest
permissible sentence] is an individual minimum sentence where
there are multiple convictions subject to sentencing on a single
scoresheet”)....
CopyPublished | Florida 1st District Court of Appeal
...ment to the
trial court’s consideration of whether it could depart downward,
based both on what the law allows as mitigating circumstances
and on whether there was evidence to support an extant mitigating
factor for departure. See §§
921.002(3),
921.0024(2)–(3),
921.0026(1)–(2),
921.00265(1)–(2), Fla....
...sentence” (or the floor), at one end of the range; to the statutory
maximum (or the ceiling), at the other end. See §
921.002(1)(g),
Fla. Stat. (“The trial court judge may impose a sentence up to and
including the statutory maximum for any offense . . . .”);
§
921.0024(2), Fla. Stat. (“The lowest permissible sentence is the
minimum sentence that may be imposed by the trial court, absent
a valid reason for departure.”); §
921.0024(3), Fla....
...determine the permissible range for the sentence that the court
may impose.”); §
921.0026(1), Fla. Stat. (“A downward departure
9
from the lowest permissible sentence, as calculated according to
the total sentence points pursuant to s.
921.0024, is prohibited
unless there are circumstances or factors that reasonably justify
the downward departure.”); §
921.00265(1), Fla....
CopyPublished | Florida 4th District Court of Appeal
...After sentencing, Millien gave notice of appeal.
During this appeal’s pendency, Millien filed a Florida Rule of Criminal
Procedure 3.800(b)(2) motion to correct sentencing errors, raising the
application of the adult-on-minor multiplier provision contained in section
921.0024(1)(b), Florida Statutes (2015) (“the adult-on-minor multiplier”).
The motion is deemed denied because the trial court failed to rule within
sixty days....
...defendant qualifies for a multiplier, “application of th[e] sentencing
multiplier is not discretionary.” State v. Stafford,
711 So. 2d 612, 612 (Fla.
4th DCA 1998). However, we note that the drug trafficking multiplier, also
2
listed in both section
921.0024(b) and Florida Rule of Criminal Procedure
3.704(19), has a clause providing that it may be applied “at the discretion”
of the court. §
921.0024(b), Fla....
...re intended.’” D.M.H. v. Pietilla,
33 So. 3d 800, 801 (Fla. 5th DCA 2010) (quoting Maddox v. State,
923 So.
2d 442, 446 (Fla. 2006)). Therefore, the fact that the legislature included
discretionary terms in the drug trafficking multiplier within section
921.0024(1)(b), but specifically left the discretionary term out of the adult-
on-minor multiplier, supports the conclusion that consideration of the
adult-on-minor multiplier is mandatory, not discretionary.
Although the trial court erre...
...We
focus our analysis first on the sentence imposed for count 1 (lewd or
lascivious battery on a child), which was the primary offense on Millien’s
scoresheet, and then shift our analysis to count 2 (lewd or lascivious
battery on a child), identified as the additional offense on the scoresheet.
Section 921.0024(1)(b) provides the Criminal Punishment Code
scoresheet’s “Worksheet Key” to be used to compute the subtotal and total
sentence points for sentencing. § 921.0024(1)(b), Fla....
...making it clear that Millien’s offenses qualify for the adult-on-minor
multiplier. Fla. R. Crim. P. 3.704(d)(24)(A)(ii)e.
Having determined that Millien’s offenses met the threshold
qualifications for the adult-on-minor multiplier, the next question is the
effect of section 921.0024(1)(b)’s limiting language of the multiplier....
...The
limiting language states:
If applying the multiplier results in the lowest permissible
sentence exceeding the statutory maximum sentence for the
primary offense under chapter 775, the court may not apply
the multiplier and must sentence the defendant to the
statutory maximum sentence.
§ 921.0024(1)(b), Fla....
...te’s
language is ambiguous.” Lopez,
233 So. 3d at 453. We conclude that the
adult-on-minor multiplier is not ambiguous. That conclusion, and our
determination as to the adult-on-minor multiplier’s plain meaning, is
guided by another portion of section
921.0024, as well as our supreme
court’s interpretation of that portion in its recent decision, State v. Gabriel,
314 So. 3d 1243 (Fla. 2021).
Section
921.0024(2), Florida Statutes (2015), states, in part:
(2) The lowest permissible sentence is the minimum sentence
that may be imposed by the trial court, absent a valid reason
for departure....
...The sentencing court may
impose such sentences concurrently or consecutively. . . . If
the lowest permissible sentence under the code exceeds the
statutory maximum sentence as provided in s.
775.082, the
sentence required by the code must be imposed.
§
921.0024(2), Fla. Stat. (2015) (emphasis added).
In Gabriel, our supreme court interpreted section
921.0024(2)....
...6
minimum sentence.
314 So. 3d at 1252. In conducting its analysis, the
court noted that when the legislature referenced “the statutory maximum”
and the “statutory maximum sentence” in the two italicized portions above
within section
921.0024(2), respectively, “both refer to section
775.082.”
Id. at 1248. As to the adult-on-minor multiplier, the first use of the phrase
“the statutory maximum sentence” is specifically linked to chapter 775. §
921.0024(2), Fla....
...tutory maximum sentence” as used in the
limiting language’s concluding words is literally the maximum sentence
which Millien faced under the Florida Criminal Punishment Code, without
application of the adult-on-minor multiplier.
We also find section 921.0024(2)’s language relevant to the
interpretation of the adult-on-minor multiplier for a second reason....
...achieve a consistent whole.” Forsythe v. Longboat Key Beach Erosion
Control Dist.,
604 So. 2d 452, 455 (Fla. 1992). “Where possible, courts
must give full effect to all statutory provisions and construe related
statutory provisions in harmony with one another.” Id. As noted above,
section
921.0024(2) states: “If the lowest permissible sentence under the
7
code exceeds the statutory maximum sentence as provided in s.
775.082,
the sentence required by the code must be imposed.” §
921.0024(2), Fla.
Stat. (2015). Millien’s interpretation of the adult-on-minor multiplier
would nullify section
921.0024(2)’s language requiring that the LPS must
be imposed where it exceeds the statutory maximum under section
775.082....
...sentence points to calculate the LPS, and instead, the trial court was
required to sentence Millien on count 1 to the maximum sentence under
Florida Criminal Punishment Code for the scoresheet’s primary offense
without applying the adult-on-minor multiplier. See § 921.0024(1)(b), Fla.
Stat. (2015); § 921.0024(2), Fla....
...2d 554 (Fla. 2003), the supreme court
addressed a concern about a potential statutory conflict between section
921.002(1)(g), Florida Statutes (Supp. 1998) (providing that a trial court may
sentence an offender up to the statutory maximum for any offense) and section
921.0024(2), Florida Statutes (Supp. 1998) (providing that a trial court must
impose the lowest permissible sentence where it exceeds the statutory maximum
sentence). Id. at 555. The supreme court concluded that sections
921.002(1)(g)
and
921.0024(2) were not in conflict and could be harmonized. Id. at 555-56.
The court explained that section
921.002(1)(g) is a general sentencing provision,
while section
921.0024(2) is an exception to the general sentencing provisions.
Id. at 556. Thus, the supreme court held that “when section
921.0024(2) applies
so that the statutory maximum sentence as provided in section
775.082, Florida
Statutes (2002), is exceeded by the lowest permissible sentence under the code,
the lowest permissible sentence under the code becomes the maxi...
...committed by the offender and pending before the court at sentencing,” §
921.0021(4), Fla. Stat. (2015); (2) the Criminal Punishment Code’s
required sentence must be imposed if the LPS under the code exceeds the
statutory maximum sentence as provided in section
775.082, §
921.0024(2), Fla....
...least 44.45 years in prison (the lowest permissible sentence without the
multiplier), including a sentence of 15 years in prison on the primary
offense. Id. at 819.
Based on Gabriel, we assume that Hayes’s interpretation of the adult-
on-minor multiplier included in section 921.0024(1)(b) is no longer viable.
However, the First District has not receded from Hayes, so we certify
conflict with Hayes v....
...the majority, I disagree with the
majority’s interpretation of the adult-on-minor multiplier that “the
statutory maximum sentence” means something different than “the
statutory maximum sentence for the primary offense under chapter 775”
in section 921.0024(1)(b), Florida Statutes (2015)....
...he
“statutory maximum sentence” should not be construed as anything other
than the “statutory maximum sentence under chapter 775.”
The “statutory maximum sentence” has an established meaning
throughout the sentencing statutes, and in section 921.0024, it is clearly
something different than the “lowest permissible sentence.” That section
provides:
(2) The lowest permissible sentence is the minimum sentence
that may be imposed by the trial court, absent a valid reason
for departure....
...However, any sentence to state
prison must exceed one year. If the lowest permissible
sentence under the code exceeds the statutory maximum
11
sentence as provided in s.
775.082, the sentence required by
the code must be imposed.
Section
921.0024(2), Fla....
...nor multiplier was not
applied, and thus its application did not result in the LPS exceeding the
statutory maximum. The LPS was exceeded without application of the
multiplier. Since Millien’s LPS already exceeded the statutory maximum,
pursuant to section 921.0024(2), the trial court was required to sentence
him to the LPS.
In this regard, I disagree with Hayes v....
...This interpretation harmonizes the LPS with the adult-on-minor
multiplier. Where the LPS exceeds the statutory maximum based upon
the sentencing points subtotal, the adult-on-minor multiplier is not
applied, and the defendant is sentenced in accordance with section
921.0024(2) to the LPS....
CopyPublished | Florida 4th District Court of Appeal | 2016 Fla. App. LEXIS 3133, 2016 WL 803647
...ph (d),
....
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.
§
921.0021(7)(a)–(b), Fla. Stat. (2014). Under section
921.0024, sexual
contact is scored at forty points for each conviction involving sexual
contact. Id. §
921.0024(1)(a).
The jury found the defendant guilty of two counts of lewd or lascivious
molestation....
CopyPublished | Florida 4th District Court of Appeal
...he meaning of Florida Rule of
Criminal Procedure 3.800(a)).
The Criminal Punishment Code defines the “lowest permissible
sentence” as the “the minimum sentence that may be imposed by the trial
court, absent a valid reason for departure.” § 921.0024(2), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2017 Fla. App. LEXIS 3442
...The court revoked appellant’s probation and sentenced her to the lowest permissible sentence under the Criminal Punishment Code. The lowest permissible sentence of 94.5 months exceeded the five-year statutory maximum for the underlying offense and therefore became the sentence required by the code. See § 921.0024(2), Fla....
...anding any finding that she violated probation. The State is correct that, “[i]f the lowest permissible sentence under the code exceeds the statutory maximum sentence as provided in s.
775.082, the sentence required by the code must be imposed.” §
921.0024(2), Fla....
CopyPublished | Florida 1st District Court of Appeal | 2002 Fla. App. LEXIS 2206, 2002 WL 313218
...ison imposed by the trial court. We do not address appellant’s unpreserved challenge to the *286 convictions because appellant has made no showing of fundamental error. We affirm the concurrent life sentences because they are legal sentences under section 921.0024(2), Florida Statutes (Supp.1998)....
...secutive sentence for the offense of aggravated battery with a weapon in count one. Because Brown’s total points were greater than 363, the trial court was authorized to sentence Brown to life imprisonment pursuant to the Criminal Punishment Code, section 921.0024(2), Florida Statutes (1999).”)....
CopyPublished | Florida 1st District Court of Appeal
...d lewd or lascivious
conduct are both second-degree felonies, the former is a “Level 7”
offense whereas the latter is a “Level 6” offense. In practical terms,
this scoresheet error lowered Boyd’s “Total offense score” by 20
points. See § 921.0024(1)(a), Fla....
...Because of the
error in identifying the primary offense, the scoresheet failed to
reflect the severity of Boyd’s sexual molestation of a fourteen-year-
old girl.
Second, the scoresheet does not include 40 Victim Injury
points for Sexual Contact. See § 921.0024(1)(a), Fla....
...* Accordingly, Boyd’s “Total
Sentence Points” should have been 192.40 points—not the 36.20
points listed on the scoresheet.
With a correct number listed for the “Total Sentence Points,”
Boyd’s LPS should have been 123.30 months or 10.275 years in
prison, ([196.40 – 28] x 0.75 = 123.30). See § 921.0024(2), Fla. Stat.
By only scoring 36.20 points, however, Boyd’s score supported the
nonstate prison sanction he received. See § 921.0024(2), Fla....
...even though Boyd previously completed the sentence on that
misdemeanor count. See Sanders v. State,
35 So. 3d 864 (Fla.
2010). This increased the point total by 0.20 points.
The parties agreed on 24 points under the “Community
Sanction” section of the scoresheet. See §
921.0024(1)(b), Fla....
CopyPublished | District Court of Appeal of Florida | 1970 Fla. App. LEXIS 6174
directions. RAWLS and SPECTOR, JJ., concur. . F.S. § 921.24, F.S.A.
CopyPublished | Florida 4th District Court of Appeal
...§
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....
CopyPublished | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 9122, 2010 WL 2508859
...Isom concedes, that this is not an appropriate basis for a downward departure. We agree. Section
921.0026(1), Florida Statutes (2008), provides: A downward departure from the lowest permissible sentence, as calculated according to the total sentence points pursuant to s.
921.0024, is prohibited unless there are circumstances or factors that reasonably justify the downward departure. Mitigating factors to be considered include, but are not limited to, those listed in subsection (2). Subsection (2) does not list the age of prior convictions as a potential mitigator. And the fact that section
921.0024 requires scoring of all prior convictions indicates that the age of prior convictions is inconsequential in sentencing and inappropriate to support a downward departure sentence....
CopyPublished | Supreme Court of Florida
...rule 3.992 (Criminal Punishment Code Scoresheets). The CCSC’s
report was in response to a referral from the Court to propose
amendments to the rule in accordance with the Court’s recent
decision in State v. Gabriel,
314 So. 3d 1243, 1252 (Fla. 2021)
(concluding that “under section
921.0024(2), the LPS [lowest
permissible sentence] is an individual minimum sentence where
there are multiple convictions subject to sentencing on a single
scoresheet”)....
CopyPublished | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 8240, 2010 WL 2330407
...of certain statutory costs. We find no reversible error as to the imposition of costs. We reverse McGarrah's sentence, however, because it exceeds the maximum permissible prison sentence authorized under her Criminal Punishment Code scoresheet. See § 921.0024(2), Fla....
...§§
316.193(3)(c)(3)(a);
775.082(3)(c), Fla. Stat. (2007). A sentence can exceed the statutory maximum for an offense, but only if the lowest permissible sentence under the Criminal Punishment Code exceeds the statutory maximum for that offense. Fla. R.Crim. P. 3.704(d)(25); §
921.0024, Fla....
...McGarrah's Criminal Punishment Code scoresheet provides for a lowest permissible sentence of 15.593 years. Because this sentence is greater than the fifteen-year statutory maximum sentence for DUI manslaughter, the court was required to sentence McGarrah to a term of 15.593 years for that offense. See § 921.0024(2) (providing in part: "If the lowest permissible sentence under the code exceeds the statutory maximum sentence....
CopyPublished | Florida 4th District Court of Appeal
...under the same conditions that existed at the original sentencing.
Otherwise, a defendant would get a windfall, because the resentencing
would occur in a vacuum, without the other crimes that were taken into
account in the original scoresheet. Thus, for a de novo resentencing, we
read section 921.0024(3), Florida Statutes (2018), as including the
offenses that were pending before the court at the original sentencing
proceeding.
We distinguish Sanders v....
CopyPublished | Florida 5th District Court of Appeal
...six community sanction violation points on Jarvis’s
scoresheet arising from the August 17, 2011, proceeding, as the trial court made no
finding that Jarvis had violated any condition of his community control. See Fla. R. Crim.
P. 3.704(d)(16); § 921.0024(b), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2017 WL 2858904, 2017 Fla. App. LEXIS 9641
...This designation does not depend on a finding as to
whether he poses a danger to the community. Regardless of the adequacy
of the trial court’s findings under section
948.06(8)(e), the trial court
correctly imposed 12 points on appellant’s scoresheet due to his violation
of probation as a VFOSC. See §
921.0024(b)2.a., Fla....
CopyPublished | Florida 1st District Court of Appeal
...The trial court provided no statutory or
nonstatutory ground for the departure. The State appealed,
arguing that the trial court’s failure to provide a reason for its
downward departure was erroneous. We agree.
“[A]bsent a valid reason for departure” a trial court should
impose—at a minimum—the LPS. See § 921.0024(2), Fla....
CopyPublished | Florida 3rd District Court of Appeal
... (requiring written statement justifying departure sentence to be included in
the record); § 921.0014(2), Fla. Stat. (1997) (“The recommended sentence
length in state prison months may be increased by up to, and including, 25
percent . . . at the discretion of the court.”); § 921.0024(2), Fla....
CopyPublished | Florida 5th District Court of Appeal | 2001 Fla. App. LEXIS 10389, 2001 WL 844407
...We conclude that the Legislature intended for misdemeanors to qualify as “additional offenses.” The Criminal Punishment Code includes misdemeanors as additional offenses. The Criminal Punishment Code worksheet lists misdemeanors under additional offenses and provides that each misdemeanor scores 0.2 points. See § 921.0024(l)(a), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2007 Fla. App. LEXIS 11404, 2007 WL 2119133
...and for resentencing. After adjudicating Ariano guilty of the charged crime of burglary of a dwelling with a battery, the trial court applied the criminal street gang enhancer and multiplied Ariano’s sentence by 1.5 pursuant to sections
874.04 and
921.0024(l)(b)2.b, Florida Statutes (2004)....
CopyPublished | Florida 2nd District Court of Appeal
...ishment
Code (CPC), nor does he raise an issue related to his scoresheet, we need not address
the statute permitting sentences to exceed the statutory maximum where the lowest
permissible sentence on the scoresheet exceeds the statutory maximum. See §
921.0024(2), Fla....
CopyPublished | Supreme Court of Florida
...(Dismissal of charges), as enacted in chapter 2016-135, section 3, Laws of Florida.
In addition to technical changes to rule 3.704 (The Criminal Punishment
Code), new subdivisions (d)(24)(A)-(d)(24)(B) are added in response to chapter
2014-4, Laws of Florida, which amended section 921.0024, Florida Statutes, to
provide that sentence points be multiplied by 2.0 for specified sex offenses
committed by an adult upon a minor under certain circumstances, unless
application of the multiplier results in the lowest permissi...
...Criminal Punishment Code and any mandatory minimum penalties apply.
Mandatory minimum sentences must be recorded on the scoresheet.
(278) Any downward departure from the lowest permissible sentence,
as calculated according to the total sentence points under section 921.0024, Florida
Statutes, is prohibited unless there are circumstances or factors that reasonably
justify the downward departure....
...(B) The written statement delineating the reasons for
departure must be made a part of the record. The written statement, if it is a
separate document, must accompany the scoresheet required to be provided to the
Department of Corrections under subsection 921.0024(6), Florida Statutes.
If a split sentence is imposed, the total sanction (incarceration and
community control or probation) must not exceed the term provided by general law
or the maximum sentence under the Criminal Punishmen...
...probation, community control, or other community supervision that does not
involve a new crime), the court may sentence the defendant to probation,
community control, or community supervision with mandatory participation in a
prison diversion program, as provided for in s.ection 921.00241, Florida Statutes,
if the defendant meets the requirements for that program as set forth in section
921.00241, Florida Statutes.
- 41 -
(2930) If the total sentence points equal 22 or less, the court
must sentence the offender to a nonstate prison sanction unless it makes writt...
CopyPublished | Florida 3rd District Court of Appeal | 2009 Fla. App. LEXIS 9615, 2009 WL 2031177
...Because the crime dates for both Arroliga and Corley occurred before 1992, this modification of the sentencing guidelines is immaterial to the case before us. . Since October 1, 1998, the sentencing laws of this state have permitted a trial judge to depart upward from a guidelines sentence without explanation. See § 921.0024(2) (Fla....
CopyPublished | Florida 4th District Court of Appeal
...for the community sanction violation.
The State’s position that appellant should have been assessed an
additional six points (i.e., 18 points total) for the community sanction
violation is contrary to the language of the statute. See §
921.0024(1)(b)2.a., Fla....
...where: I. The violation
does not include a new felony conviction; and II. The community sanction
violation is not based solely on the probationer or offender’s failure to pay
costs or fines or make restitution payments.”) (emphasis added); see also
§ 921.0024(1)(b), Fla....
CopyPublished | Florida 4th District Court of Appeal
...On
this issue, we affirm but remand.
We agree eighteen firearm points were erroneously included on Saffold’s
scoresheet. If a defendant is convicted of “any felony other than those
enumerated in s.
775.087(2)” while having a firearm in his possession,
then eighteen firearm points are authorized. §
921.0024(1)(b), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2013 Fla. App. LEXIS 1659, 2013 WL 331553
PER CURIAM. Maurice T. Curry appeals an order summarily denying his motion to correct illegal sentence, filed pursuant to rule 3.800(a), Florida Rules of Criminal Procedure. He claimed that his scoresheet was miscalculated because section 921.0024(2), Florida Statutes (2005), provides “When the total sentence points exceeds 44 points, the lowest permissible sentence in prison months shall be calculated by subtracting 28 points from the total sentence points and decreasing th...
CopyPublished | Florida 4th District Court of Appeal | 2009 WL 187789
...C scoresheet. The record reflects that this was not a negotiated sentence. The offense in XX-XXXXXX was possession of cocaine, a third degree felony punishable by a maximum of five years in prison unless the CPC score exceeded the statutory maximum. § 921.0024(2), Fla....
CopyPublished | Florida 4th District Court of Appeal
...See Fla. R. Crim. P. 3.800(b)(2)(B).1
Defendant’s appeal followed.
Analysis
We review sentencing errors de novo. See Brooks v. State,
199 So. 3d
974, 976 (Fla. 4th DCA 2016).
Defendant first argues that under section
921.0024(1)(b)2.b., Florida
Statutes (2022), a “new felony conviction” is one that is obtained before or
at the same time as the court determines a defendant violated his or her
probation. Because Defendant’s aggravated stalking conviction was
entered after the violation of probation conviction, he asserts his
aggravated stalking conviction is not a “new felony conviction.”
Section
921.0024(1)(b)2.b....
CopyPublished | Florida 1st District Court of Appeal
...[m]akes an assault or battery upon
any person.”) (emphasis supplied).
2 The verdict form provided:
3 The battery offense was listed as an “additional offense” on
the scoresheet, but for some reason, 0 points (rather than 0.2
points) were attributed to that offense. See § 921.0024(1)(a), Fla.
Stat....
CopyPublished | Florida 1st District Court of Appeal | 2003 Fla. App. LEXIS 2003, 2003 WL 366753
...months’ imprisonment. Aggravated assault with a firearm is a third-degree felony punishable by up to sixty months’ imprisonment. The appellant’s lowest permissible prison sentence on the Criminal Punishment Code scoresheet was 82.3 months, so section
921.0024(2), Florida Statutes (1999), authorized the trial court to impose a sentence in excess of the statutory maximum for a third-degree felony. See Butler v. State,
838 So. 2d 554 (Fla. 2003). However, section
921.0024(2) only authorizes the trial court to sentence the appellant to the lowest permissible sentence provided by the Criminal Punishment Code....
CopyPublished | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 1283, 2009 WL 383579
...NOTES [1] Two of the charges were third-degree felonies, carrying a statutory maximum of five years, but the maximum sentence for appellant constituted the minimum permissible sentence under the Criminal Punishment Code, which was 8.375 years. See § 921.0024(2), Fla....
CopyPublished | Florida 4th District Court of Appeal
...assee, and MaryEllen Farrell,
Assistant Attorney General, West Palm Beach, for appellee.
PER CURIAM.
Affirmed. See State v. Gabriel,
314 So. 3d 1243, 1246 (Fla. 2021)
(“Based on our analysis of the text of the statute, we conclude that under
section
921.0024(2), [Florida Statutes], the [lowest permissible sentence
[(“LPS”)] is an individual minimum sentence where there are multiple
convictions subject to sentencing on a single scoresheet.”).
MAY, GERBER and FORST, JJ., concur....
CopyPublished | Florida 4th District Court of Appeal
...itted on or
after July 1, 2009, which is a third degree felony but not a
forcible felony as defined in s.
776.08, and excluding any third
degree felony violation under chapter 810, and if the total
sentence points pursuant to s.
921.0024 are 22 points or
fewer, the court must sentence the offender to a nonstate
prison sanction....
...under section
775.082(10) because: (1) his third-degree felony offense of
furnishing a firearm to a minor was committed after July 1, 2009, was not
a forcible felony as defined in s.
776.08, and was not a third-degree felony
under chapter 810; and (2) his total sentence points under section
921.0024 were four, thus fewer than twenty-two points.
The state acknowledged that under section
775.082(10), the defendant
qualified for a nonstate prison sanction, and for the defendant to be
sentenced to a state correctional facility,...
...is
commonly understood to mean probation, community control, or
imprisonment in the county jail for up to one year.” Ryerson v. State,
189
So. 3d 1047, 1048 (Fla. 4th DCA 2016) (quoting Jones v. State,
71 So. 3d
173, 175 (Fla. 1st DCA 2011)); accord Reed v. State,
192 So. 3d 641, 645
(Fla. 2d DCA 2016); see also §
921.00241(1)-(2), Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 1427, 2010 WL 476693
...ries a maximum penalty of five years in prison, pursuant to section
775.082(3)(d), Florida Statutes (2002). The permissible sentencing range, calculated on Daneker’s scoresheet, was between 30.45 months and the statutory maximum of five years. See §
921.0024(2), Fla....
CopyPublished | Supreme Court of Florida
...Code and any
mandatory minimum penalties apply. Mandatory minimum
sentences must be recorded on the scoresheet.
(289) Any downward departure from the lowest
permissible sentence, as calculated according to the total sentence
points under section 921.0024, Florida Statutes, is prohibited
unless there are circumstances or factors that reasonably justify
the downward departure....
...control, or other
community supervision that does not involve a new crime), the
court may sentence the defendant to probation, community control,
or community supervision with mandatory participation in a prison
diversion program, as provided for in section 921.00241, Florida
Statutes, if the defendant meets the requirements for that program
as set forth in section 921.00241, Florida Statutes.
(301) If the total sentence points equal 22 or less, the
court must sentence the offender to a nonstate prison sanction
unless it makes written findings that a nonstate prison sanction
could present a danger to the public....
CopyPublished | Florida 2nd District Court of Appeal | 2006 WL 3733322
...nced to ten years' imprisonment followed by ten years' probation. Ordinarily, the second-degree felony offense at issue is subject to the statutory maximum sentence of fifteen years. See §
800.04(4); §
775.082(3)(c), Fla. Stat. (2002). Pursuant to section
921.0024(2), Florida Statutes (2002), however, depending on the offender's scoresheet, the "lowest permissible sentence" under the Criminal Punishment Code may exceed the statutory maximum....
...Ayers,
901 So.2d 942, 945-46 (Fla. 2d DCA 2005). Here, the record before uswhich does not contain the sentencing scoresheet or the transcript of the sentencing hearingis insufficient to establish whether the sentence imposed on McCain was authorized pursuant to section
921.0024(2)....
CopyPublished | Florida 1st District Court of Appeal
...rida
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....
CopyPublished | Florida 2nd District Court of Appeal | 2006 Fla. App. LEXIS 20859, 2006 WL 3689145
...months. His argument fails because the scoresheet calculation gives the lowest permissible sentence in months; the court is permitted to sentence the defendant to any time period between the lowest permissible sentence and the statutory maximum. See § 921.0024(2), Fla....
CopyPublished | Florida 1st District Court of Appeal
...offenses at conviction, prior offenses, and other factors, were used
to calculate a permissible and required sentencing range. See Fla.
R. Crim. P. 3.701(d)(8). Under the CPC, the assigned points are
used to calculate the lowest permissible sentence. See
§ 921.0024(2), Fla....
...Florida crime, as explained above.
Because the trial court found that the Colorado crime was
analogous or parallel to the crime identified in section
794.011(8)(b), it scored the Colorado crime at Level 9, which
yielded 23 sentence points. See §
921.0024(1)(a), Fla....
CopyPublished | Florida 1st District Court of Appeal
...1st DCA 2004)
(reversing a sentence that exceeded the statutory maximum even though the
defendant had agreed to the sentence).
The trial court would have been correct to deny Appellant’s motion if his
seventeen year sentence is the lowest permissible under the criminal punishment
code. See § 921.0024(2), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2014 WL 4082938, 2014 Fla. App. LEXIS 12814
...n.
WARNER, J., dissents with opinion.
CONNER, concurring specially.
I concur with the majority opinion that Dennard is not entitled to a new
sentencing hearing because there is no manifest injustice.
I write to agree with Judge Warner that section 921.0024(2), Florida
Statutes (1999), is unclear on how a sentence should be imposed in cases
where there are multiple offenses for sentencing and the sentencing points
result in a lowest permissible sentence (LPS) above the statutory maximum
for the primary offense....
...tences consecutively).
However, there is language in the statute which indicates to me that in the
context of sentencing for two counts of the same offense, the legislature
did not intend for the sentencing court to have only two narrow options.
Section 921.0024(2) provides:
The total sentence points shall be calculated only as a means
of determining the lowest permissible sentence....
...It also allows more options than the limited two options of 16.15 years or
32.3 years in prison discussed above.
Judge Warner’s interpretation of the statute has merit. Obviously, the
legislature needs to clarify its intent as to the application of the last
sentence in section 921.0024(2).
WARNER, J., dissenting.
3
I must respectfully dissent from the majority opinion....
...episode, and providing “the sentencing judge may order the sentences to be
served concurrently or consecutively”); §
921.16(1), Fla. Stat. (1999) (court may
direct that two or more of the sentences for offenses charged in the same
information be served consecutively); §
921.0024(2), Fla....
...Id.
These all appear to be misdemeanors, and the sentences for those charges
do not appear in the opinion. Butler challenged his sentence for
possession of cocaine of 75.6 months, his LPS, as exceeding the statutory
maximum. Id. The supreme court held that section 921.0024(2), Florida
Statutes (2002), required sentencing above the statutory maximum, where
the LPS exceeded the maximum....
...r
did it discuss what constituted the statutory maximum for the offenses at
sentencing. It addressed only the sentence for the third degree felony, the
primary offense. Therefore, we must take in that context the court’s
pronouncement that “when section
921.0024(2) applies so that the
statutory maximum sentence as provided in section
775.082, Florida
Statutes (2002), is exceeded by the lowest permissible sentence under the
code, the lowest permissible sentence under the code becomes the
maximum sentence which the trial judge can impose.” Id....
...LPS above the statutory maximum for the primary offense but less than
the statutory maximum of all offenses available for sentencing, run
consecutively. I think, however, that the statute provides a way to
6
harmonize all of its terms.
Section 921.0024(2), Florida Statutes (1999), requires that a
sentencing scoresheet be prepared to arrive at a “lowest permissible
sentence,” below which the trial court may not sentence absent the limited
reasons for a downward departure....
...“The permissible range for sentencing shall be the
lowest permissible sentence up to and including the statutory
maximum . . . for the primary offense and any additional
offenses before the court for sentencing. The sentencing court
may impose such sentences concurrently or consecutively.” §
921.0024(2), Fla....
CopyPublished | Florida 4th District Court of Appeal
...“The permissible range
for sentencing shall be the lowest permissible sentence up to and including
the statutory maximum . . . for . . . any . . . offenses before the court for
sentencing. The sentencing court may impose such sentences
concurrently or consecutively.” § 921.0024(2), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2007 Fla. App. LEXIS 12730, 2007 WL 2317108
...The record reflects that appellant committed the underlying offense after the October 1,1998 effective date of the Criminal Punishment Code (CPC). The CPC permits a court to sentence a criminal defendant up to the statutory maximum without the need for written reasons or a departure. Fla. R.Crim. P. 3.704; § 921.0024(2), Fla....
CopyPublished | Florida 1st District Court of Appeal
838 So. 2d 554, 556 (Fla. 2003) (“[W]hen section 921.024(2) [Fla. Stat.] applies so that the statutory
CopyPublished | Florida 1st District Court of Appeal
...Under section
775.082(3)(e), Florida Statutes, the
statutory maximum sentence for each of the third-degree felonies
before the court for resentencing in Brantley’s VOP case was five
years. The scoresheet, though, indicated 64.950 months as the
lowest permissible sentence (“LPS”) for each of the three
convictions. See §
921.0024(2), Fla. Stat. (providing that the LPS
“is the minimum sentence that may be imposed by the trial court,
absent a valid reason for departure”); State v. Gabriel,
314 So. 3d
1243, 1246 (Fla. 2021) (concluding “that under section
921.0024(2), the LPS is an individual minimum sentence where
there are multiple convictions subject to sentencing on a single
scoresheet”). That means the LPS, if correctly calculated,
exceeded the statutory maximum for the third-degree felonies
before the court in the VOP (i.e., five years, or sixty months, a
piece), and it became the required sentence for each. See
§
921.0024(2), Fla....
...(“If the lowest permissible sentence
under the code exceeds the statutory maximum sentence as
provided in s.
775.082, the sentence required by the code must be
3
imposed.”); Gabriel,
314 So. 3d at 1247 (“[S]ection
921.0024(2)
specifies that the LPS is the minimum sentence that a trial court
may impose, absent a basis for departure, and it must be imposed
where it exceeds the statutory maximum sentence.”); id. at 1248–
49 (reading section
921.0024(2), Florida Statutes, to mean “if the
LPS exceeds the statutory maximum penalty in section
775.082,
the LPS is both the minimum sentence and the maximum
penalty for that offense”)....
...1st DCA 2017) (noting that Florida courts
have held that “when the trial court imposes a habitual felony
offender sentence for an offense, the trial court removes that
offense from sentencing under the guidelines and cannot include
that offense either as a primary or additional offense on the
guidelines scoresheet”); cf. § 921.0024(3), Fla....
CopyPublished | Supreme Court of Florida
...decision in
Gabriel v. State, 44 Fla. L. Weekly D2913 (Fla. 5th DCA Dec. 6,
2019), in which the Fifth District certified the following question of
great public importance:
IS THE LOWEST PERMISSIBLE SENTENCE AS DEFINED
BY AND APPLIED IN SECTION 921.0024(2), FLORIDA
STATUTES, AN INDIVIDUAL MINIMUM SENTENCE AND
NOT A COLLECTIVE MINIMUM SENTENCE WHERE
THERE ARE MULTIPLE CONVICTIONS SUBJECT TO
SENTENCING ON A SINGLE SCORESHEET?
Id....
...Id.
-3-
“On appeal, Gabriel argue[d] that his sentences for aggravated
assault with a firearm and resisting an officer with violence are
unlawful because they exceed the statutory maximum for those
offenses.” Id. The Fifth District applied the language in section
921.0024(2), Florida Statutes (2012), which provides that “[t]he
permissible range for sentencing shall be the lowest permissible
sentence up to and including the statutory maximum, as defined in
s....
...o each
offense at sentencing.” Id. (quoting Dennard v. State,
157 So. 3d
1055, 1060 (Fla. 4th DCA 2014) (Warner, J., dissenting)). The Fifth
District explained, “[W]hen applying the provision of section
-4-
921.0024(2), which requires the trial court to impose the LPS if it
exceeds the statutory maximum sentence, the LPS must exceed the
collective statutory maximum, not each individual statutory
maximum, before such exception is triggered.” Id....
...statutory
maximum sentences. Consequently, Gabriel’s sentences
for aggravated assault with a firearm and resisting an
officer with violence are illegal because they exceed the
statutory maximum sentence in contravention of section
921.0024(2).
Id.
Ultimately, the Fifth District reversed the trial court and
certified that its decision conflicts with the Second District’s
decision in Champagne....
...imposed on his primary offense but argued that the 240-month
sentence imposed on his conviction for false imprisonment was
illegal because it exceeded the 5-year statutory maximum sentence
for that offense. Id. at 630. The Second District examined the
statutory language in section 921.0024(2) and existing precedent
and “conclude[d] that the LPS is an individual minimum sentence
which must be imposed when the LPS exceeds the statutory
maximum sentence for each offense and therefore [the defendant]’s
sentence is legal.” Id....
...Accordingly, the Second District
affirmed the trial court and certified the same question of great
public importance as the Fifth District’s decision in Gabriel.
-6-
II. ANALYSIS
The State argues that, based on the plain language of section
921.0024(2), the LPS is an individual minimum sentence, and the
trial court properly sentenced Gabriel to 107.25 months (the LPS)
on both of his third-degree felony convictions because the LPS
exceeded the 5-year individual statutory maximum sentence for
each of his third-degree felony convictions. Gabriel counters that
the LPS is a collective minimum sentence, and section 921.0024(2)
is ambiguous with respect to the maximum permissible punishment
for additional offenses when the LPS exceeds their respective
statutory maximum sentences.2 We agree with the State and
answer the certified question in the affirmative, quash the Fifth
District’s decision in Gabriel, and approve the Second District’s
decision in Champagne to the extent it is consistent with this
opinion. Based on our analysis of the text of the statute, we
conclude that under section 921.0024(2), the LPS is an individual
2....
...e’s plain
language for legislative intent or resort to rules of statutory
construction.” City of Parker v. State,
992 So. 2d 171, 176 (Fla.
2008) (quoting Daniels v. Fla. Dep’t of Health,
898 So. 2d 61, 64
(Fla. 2005)).
A. Section
921.0024(2), Florida Statutes
Section
921.0024(2) provides:
(2) The lowest permissible sentence is the minimum
sentence that may be imposed by the trial court, absent a
valid reason for departure....
...der to life
imprisonment. An offender sentenced to life
imprisonment under this section is not eligible for any
form of discretionary early release, except executive
clemency or conditional medical release under s.
947.149.
§
921.0024(2), Fla....
...- 10 -
exceeds the statutory maximum sentence as provided in s.
775.082,
the sentence required by the code must be imposed.” The last two
sentences of the statute address a sentence for life imprisonment.
We reject Gabriel’s argument that section
921.0024(2) is
ambiguous with respect to the maximum permissible sentence for
additional offenses when the LPS exceeds their respective statutory
maximum sentences. First, section
921.0024(2) specifies that the
LPS is the minimum sentence that a trial court may impose, absent
a basis for departure, and it must be imposed where it exceeds the
statutory maximum sentence. While the fifth sentence of section
921.0024(2) outlining the permissible range for sentencing
expressly includes the language “for the primary offense and any
additional offenses before the court for sentencing,” language which
could contemplate a “collective” approach, the LPS exception does
not....
...2d 911, 914 (Fla.
1995) (“When the legislature has used a term, as it has here, in one
section of the statute but omits it in another section of the same
statute, we will not imply it where it has been excluded.”).
Further, the second sentence of section 921.0024(2) includes
the language “up to the statutory maximums for the offenses
committed,” which the Legislature also could have included in the
eighth sentence addressing the LPS exception but did not....
...This Court may not “rewrite the statute or ignore the
words chosen by the Legislature so as to expand its terms.”
Knowles v. Beverly Enters.-Fla., Inc.,
898 So. 2d 1, 7 (Fla. 2004).
Contrary to the Fifth District’s decision in Gabriel, nothing in the
plain language of section
921.0024(2) limits the LPS to be imposed
only if it exceeds the statutory maximum sentence for the primary
offense or the collective statutory maximum sentences for all of the
offenses before the court for sentencing.
Additionally, t...
...designated felony may be punished . . . [f]or a felony of the second
degree, by a term of imprisonment not exceeding 15 years . . . [and]
[f]or a felony of the third degree, by a term of imprisonment not
exceeding 5 years.” Nothing in the plain language of section
921.0024(2) or section
775.082 refers to a collective statutory
maximum. Pursuant to section
921.0024(2), the LPS exception
increases the maximum for sentencing purposes, and the
Legislature has determined in a very certain way that a sentence
must be increased above the statutory maximum sentence when
exceeded by the LPS....
...Therefore, to determine whether to increase the
maximum sentence based on the application of the LPS exception,
the trial court must look to each individual offense before the court
for sentencing.
Accordingly, we answer the certified question in the affirmative
and conclude that, under section 921.0024(2), the LPS is an
- 15 -
individual minimum sentence where there are multiple convictions
subject to sentencing on a single scoresheet.
B....
...the defendant’s postconviction motion and agreed that the sentence
was legal but questioned a potential statutory conflict between
section
921.002(1)(g), Florida Statutes (Supp. 1998) (providing that
a court may sentence an offender up to the statutory maximum for
any offense) and section
921.0024(2), Florida Statutes (Supp. 1998)
(providing that a court must impose the LPS where it exceeds the
statutory maximum sentence). Id. We concluded that the
defendant’s sentence was legal and that sections
921.002(1)(g) and
921.0024(2) were not in conflict and could be harmonized. Id. at
555-56. Specifically, we explained that section
921.002(1)(g)
applied to general sentencing, while section
921.0024(2) is an
- 16 -
exception to the general sentencing provisions. Id. at 556. In doing
so, we held that “when section
921.0024(2) applies so that the
statutory maximum sentence as provided in section
775.082,
Florida Statutes (2002), is exceeded by the [LPS] under the code,
the [LPS] becomes the maximum sentence which the trial judge can
impose.” Id.
Then, in Moore v....
...on the first offense must be awarded on the sentence imposed after
revocation of probation on the second offense.”).
- 17 -
Moore,
882 So. 2d at 985.
Nothing in this Court’s decisions in Butler or Moore contradicts
the plain language of section
921.0024(2)....
...Gabriel argues that this
Court’s statement in Moore that together the individual offenses
only establish the minimum sentence that may be imposed
supports his argument that the LPS is a collective minimum
sentence. However, this statement is consistent with the fourth
sentence in section 921.0024(2), which provides that “[t]he total
sentence points shall be calculated only as a means of determining
the lowest permissible sentence.” As previously explained,
pursuant to rule 3.704(d)(18), the LPS calculation takes the en...
...cause each offense
has its own statutory maximum sentence such that the range could
differ for each offense.
C. The Conflict Cases
In the Fifth District’s decision in Gabriel, based on its own
interpretation of section 921.0024(2) and this Court’s decision in
Moore, the Fifth District reached a conclusion contrary to the plain
language of the statute....
...years
The Fifth District concluded that “the sentencing range for
Gabriel was 107.25 months, the LPS, to twenty-five years, the
collective statutory maximum sentence.” Id. The Fifth District
explained, “when applying the provision of section 921.0024(2),
which requires the trial court to impose the LPS if it exceeds the
statutory maximum sentence, the LPS must exceed the collective
statutory maximum, not each individual statutory maximum, before
such exception is triggered.” Id....
...dual statutory
maximum sentences. Consequently, Gabriel’s sentences
for aggravated assault with a firearm and resisting an
officer with violence are illegal because they exceed the
statutory maximum sentence in contravention of section
921.0024(2).
Id. 6 Contrary to the Fifth District’s decision in Gabriel, the plain
language of section 921.0024(2) does not require the LPS to be
imposed only if it exceeds the statutory maximum sentence for the
primarily scored offense or the collective statutory maximum
sentences.
We conclude that the result reached in the Second Di...
...In light of this opinion, we will refer reconsideration of
the referenced section of the CPC Scoresheet contained in Florida
Rule of Criminal Procedure 3.992 to the Supreme Court Criminal
Court Steering Committee.
- 21 -
921.0024(2) and our decisions in Butler and Moore....
...In Champagne,
the Second District concluded “that the LPS is an individual
minimum sentence which must be imposed when the LPS exceeds
the statutory maximum sentence for each offense.”
269 So. 3d at
630. Specifically, the Second District explained:
Based on the language of section
921.0024(2) and
bounded by the language of Butler and Moore, we
conclude that the LPS is an individual minimum
sentence which applies to each felony at sentencing for
which the LPS exceeds that felony’s statutory maximum...
...But where the LPS exceeds
the offense’s statutory maximum sentence, there is no
range; the LPS must be imposed.
Id. at 636-37 (footnote omitted) (citations omitted).
Accordingly, because the Second District’s decision in
Champagne is consistent with the plain language of section
921.0024(2), we quash the Fifth District’s decision in Gabriel and
approve the Second District’s decision in Champagne to the extent
it is consistent with this opinion.
- 22 -
III....
...CONCLUSION
For the above reasons, we answer the certified question in the
affirmative, quash the Fifth District’s decision in Gabriel, and
approve the Second District’s decision in the conflict case of
Champagne to the extent it is consistent with this opinion. In doing
so, we conclude that under section 921.0024(2), the LPS is an
individual minimum sentence where there are multiple convictions
subject to sentencing on a single scoresheet.
It is so ordered.
CANADY, C.J., and LAWSON, MUÑIZ, COURIEL, and GROSSHANS,
JJ., concur.
LABARG...
CopyPublished | Florida 1st District Court of Appeal | 2016 WL 1337359, 2016 Fla. App. LEXIS 5242, 41 Fla. L. Weekly Fed. D 850
...exception to the statutory maximum. “If the lowest permissible sentence under the
Code exceeds the statutory maximum sentence as provided in section
775.082, the
sentence required by the Code must be imposed.” Fla. R. Crim. P. 3.704(25); see also
§
921.0024(2), Fla. Stat. (2011). However, “when section
921.0024(2) applies so that
the statutory maximum sentence ....
...sentence which the trial judge can impose.” Butler v. State,
838 So. 2d 554, 556 (Fla.
3
2003). Here, the CPC scoresheet listed a lowest permissible sentence of 140.175
months, and we find no error in that calculation. Per section
921.0024(2) and Butler,
this approximately 11.7 year calculation becomes the required sentence for this count;
because the lowest permissible sentence exceeded the statutory maximum, the trial
court was required to impose the CPC sentence, but could not exceed the lowest
permissible sentence itself....
CopyPublished | Florida 3rd District Court of Appeal
...The State notes that it is also legal for a sentence to exceed the statutory
maximum sentence under section
775.082 when the total points in the
Criminal Punishment Code sentencing scoresheet result in the lowest
permissible sentence that exceeds the statutory maximum. §
921.0024(2),
Fla....
CopyPublished | Florida 2nd District Court of Appeal
...)
___________________________________)
Opinion filed April 3, 2019.
Appeal pursuant to Fla. R. App. P.
9.141(b)(2) from the Circuit Court
for Lee County; Margaret O. Steinbeck,
Judge.
Loubert Jules, pro se.
PER CURIAM.
Affirmed. See § 921.0024(2), Fla....
CopyPublished | Florida 1st District Court of Appeal
...We
determine that this claim may be raised in the instant petition,
see, e.g., Marshall v. State,
241 So. 3d 969 (Fla. 1st DCA 2018), and
grant the petition.
Petitioner correctly contends that his scoresheet was
incorrect. The “adult-on-minor sex offense” multiplier in section
921.0024(1)(b), Florida Statutes, applies only to certain offenses
listed in the statute....
CopyPublished | Florida 2nd District Court of Appeal | 2001 WL 427580
...This is an appeal of the denial of a motion to correct a sentencing error filed pursuant to Florida Rule of Criminal Procedure 3.800(b). Sylvester Watkins claimed that the sentence imposed by the trial court was not the "lowest permissible sentence" as required by the Criminal Punishment Code found in section 921.0024(2), Florida Statutes (1999), and *142 Florida Rule of Criminal Procedure 3.704(d)(25)....
...[1] We agree that the trial court improperly denied Watkins' motion and reverse. Watkins was convicted of possession of cocaine, a third-degree felony with a maximum legal sentence of 60 months' incarceration. [2] Watkins' total score was 145.6 points. In accordance with section 921.0024(2) and rule 3.704(d)(25), since the score exceeded forty-four points, the trial court deducted twenty-eight points and reduced the score to 117.6....
...The sentence for the attempted trespass conviction was not the subject of the motion or this appeal. The offenses were committed on April 1, 1999. [3] The supreme court noted in Maddox v. State,
760 So.2d 89, 101 n. 9 (Fla.2000), that pursuant to sections 921.001(5) and
921.0024(2), Florida Statutes, sentences in excess of the statutory maximum may now be imposed; however, "[p]rior to the enactment of these statutes, a court could not impose a guidelines sentence outside the statutory limits." We are aware that in Butler v....
CopyPublished | Florida 2nd District Court of Appeal
...imprisonment, a third-degree felony, is illegal. We conclude that Champagne's twenty-
year sentence is legal, and we certify a question of great public importance.
Champagne was sentenced under the Criminal Punishment Code, chapter
921, Florida Statutes (2005) (CPC). Section 921.0024(2) states that when "the lowest
permissible sentence under the [CPC] exceeds the statutory maximum sentence as
provided in s....
...1A single scoresheet is prepared "for each defendant to determine the
permissible range for the sentence that the court may impose," and the scoresheet
"must cover all of the defendant's offenses pending before the court for sentencing." §
921.0024(3); see also Fla....
...bery count.2
The court then sentenced Champagne to twenty years (240 months) in prison on the
false imprisonment count.3
In his postconviction motion, Champagne argued that his twenty-year
sentence is illegal based on his reading of section 921.0024(2) and Butler v....
...sentences for any additional offenses must not exceed the individual statutory
maximums for those offenses. Essentially, Champagne contends that the LPS is a
collective minimum sentence.
The postconviction court denied Champagne's motion, finding that section
921.0024 does not require the LPS to be imposed "only if it exceeds the statutory
maximum for the primarily scored offense....
...or sentencing at the time of the primary
offense," §
921.0021(1), are scored and included in the total sentence points
-5-
calculation, which is then used solely to determine the offender's LPS, see §
921.0024(1)(a), (2)....
...Additional offenses are also referenced as part of the CPC's
sentencing range: "The permissible range for sentencing shall be the [LPS] up to and
including the statutory maximum, as defined in s.
775.082, for the primary offense and
any additional offenses before the court for sentencing." §
921.0024(2). The LPS "is
assumed to be the lowest appropriate sentence for the offender being sentenced," §
921.00265(1), and it "is the minimum sentence that may be imposed by the trial court,
absent a valid reason for departure," §
921.0024(2).4
However, unlike the CPC's sentencing range which references "the
statutory maximum ....
...y maximum
sentence" does not reference primary or additional offenses, statutory maximums, or
multiple sentences: "If the [LPS] exceeds the statutory maximum sentence as provided
in s.
775.082, the sentence required by the [CPC] must be imposed." §
921.0024(2); cf.
id....
...n offender's sentence
below the [LPS]." §
921.00265(2).
-6-
up to and including the statutory maximum for any offense," §
921.002(1)(g), and
expressly allows for concurrent or consecutive sentencing, §
921.0024(2).
The LPS is a minimum sentence; the question is whether it is an individual
minimum sentence, required to be imposed on each offense at sentencing for which it
exceeds that offense's statutory maximum, or a collective minimum sentence. If the
LPS is an individual minimum sentence, our analysis is complete and the LPS was
legally imposed. But as is apparent, the language of section
921.0024(2) is not
consistent; both singular and plural terms are used, and the terms statutory maximum
and statutory maximum sentence are used without explanation or definition. Although
the supreme court has interpreted section
921.0024(2), it has not addressed the issue
presented to us. And as will be seen, courts have not consistently applied the
language.
B. Precedent
1. Butler v. State,
838 So. 2d 554 (Fla. 2003)
In Butler, the supreme court determined that sections
921.002(1)(g) and
921.0024(2), respectively providing that a court may sentence an offender up to the
statutory maximum for any offense and that a court must impose the LPS where it
exceeds the statutory maximum sentence, are not in conflict and can be harmonized.
838 So. 2d at 556. In so concluding, the supreme court held that "when section
921.0024(2) applies so that the statutory maximum sentence as provided in section
775.082, Florida Statutes (2002), is exceeded by the [LPS], the [LPS] becomes the
maximum sentence which the trial judge can impose." Id....
...5The CPC expressly states that it applies "to all felony offenses, except
capital felonies, committed on or after October 1, 1998," §
921.002, but it also allows for
misdemeanors to be scored as additional offenses and prior record, §
921.0024(1)(a);
see Fudge v....
...But Moore does not address how to apply the
directive to impose the LPS when it exceeds the statutory maximum sentence. Nor
does it address whether the LPS is an individual minimum sentence or whether the
"statutory maximum" referenced in the range is different than the "statutory maximum
sentence" in the directive of section 921.0024(2).
IV. Analysis
Although courts have applied the language of section 921.0024(2) and the
holdings of Butler and Moore, they have often done so inconsistently, with conflicting
application and results, and without analysis....
...ave
imposed in the instant case is [the LPS of] 64.5 months" without distinguishing between
the two convictions).7 The inconsistencies may be strictly the result of courts
addressing only the discreet issues presented and the terms or portions of section
921.0024(2) about which they were asked. Nonetheless, the results of these cases and
their applications of section 921.0024(2) are often conflicting and, at a minimum,
imprecise.
Given the statutory language and Moore and Butler, we know that the LPS
is a minimum sentence; that it must be imposed where it exceeds the statutory
maximum sen...
...al offense; and that where it exceeds
the statutory maximum sentence, the LPS becomes the maximum sentence which may
be imposed. What has not been analyzed, except in two concurrences and one dissent,
is how to interpret and apply the language of section 921.0024(2) where there are
multiple convictions at sentencing....
...Hall's maximum sentence under her scoresheet, which is ten years'
imprisonment.").
- 11 -
57 (Fla. 4th DCA 2014) (Conner, J., concurring specially); Id. at 1057-61 (Warner, J.,
dissenting). And although it has been stated that section
921.0024(2) "is unclear on
how a sentence should be imposed in cases where there are multiple offenses for
sentencing and the sentencing points result in a[n] [LPS] above the statutory maximum,"
we disagree. See Dennard,
157 So. 3d at 1056-57 (Conner, J., concurring specially)
(discussing two potential interpretations of section
921.0024(2) as requiring imposition
of the LPS "for each offense" for which it exceeds that offense's statutory maximum or
as requiring imposition of the LPS where it exceeds the primary offense's statutory
maximum); see also Colon,
199 So. 3d at 964 (Warner, J., concurring specially)
(discussing application of section
921.0024(2)'s directive when the statutory maximum
of the primary offense exceeds the LPS but the additional offense statutory maximum is
less than the LPS); Dennard,
157 So. 3d at 1059-61 (Warner, J., dissenting)
(interpreting Butler and the language of section
921.0024(2) as requiring the court to
sentence the offender to at least the LPS on the primary offense where the primary
offense's statutory maximum exceeds the LPS but prohibiting the court from sentencing
the offender to the LPS on an ad...
...eeds the statutory
maximum for the additional offense and determining that in light of Moore, the LPS "is
the collective total minimum sentence for all offenses" and "not the sentence which
must be applied to each offense at sentencing" such that section 921.0024(2)'s directive
"appl[ies] to the collective total statutory maximum of the individual sentences").
Based on the language of section 921.0024(2) and bounded by the
language of Butler and Moore, we conclude that the LPS is an individual minimum
sentence which applies to each felony at sentencing for which the LPS exceeds that...
...[a] sentence imposed below the [LPS] established by the [CPC] under
chapter 921.").
- 13 -
consecutive sentencing would be impossible,9 Butler's holding in this context is
questionable.
Likewise, while Moore did not address the directive of section 921.0024(2)
requiring imposition of the LPS when it exceeds the statutory maximum where multiple
convictions are before the court for sentencing, the court's holding that once the
minimum sentence is established the offenses are no longer interrelated is important to
our conclusion....
...secutive statutory maximums for offenses at
conviction, unless otherwise provided by law." (emphasis added)).
Although this court has not previously analyzed the statutory language or
how it is to be applied, it has cited Butler and section 921.0024(2) and remanded for
resentencing where the sentences were illegal, exceeding both the LPS and the
statutory maximums....
...a valid reason for departure, to sentence the defendant to the [LPS] for each crime" and
that "[o]nly the State's agreement to cap [the offender's] sentence . . . enabled the trial
court to depart from imposing the [LPS] for both counts" (emphasis added) (citing §
921.0024(2), Fla....
...- 15 -
two third-degree felony convictions, neither of which would have been the primary
offense where a second-degree felony conviction was also pending before the court for
sentencing, stating "[p]er section
921.0024(2) and Butler, [the LPS] becomes the
required sentence" for both third-degree felony convictions not subject to habitual felony
offender enhancement).11 But see Colon,
199 So. 3d at 964 (Warner, J., concurring
specially) ("[I]n this case, as the statutory maximum for [the primary offense] was life,
well in excess of the LPS, sentencing appellant to the LPS for the primary offense
satisfies the statutory directive of section
921.0024(2). The sentences for the remaining
third degree felonies should not exceed the statutory maximum for each crime.");
Dennard,
157 So. 3d at 1060-61 (Warner, J., dissenting) (determining that the directive
of section
921.0024(2) can be harmonized with the language from section
921.002(1)(g)
that the trial court "may impose a sentence up to and including the statutory maximum
for any offense" and courts may impose concurrent or consecutive sentences, dir...
...concurrent to counts one to three, for a total of 48.5 years. In case 2D14-4920, the trial
court sentenced him to 15 years for each of the seven counts . . . . [T]he sentences
imposed on Mr. Walsh are legal." (emphasis added)).
It is evident that the effect of section 921.0024(2)'s directive differs
significantly if the LPS is an individual minimum sentence rather than a collective
minimum sentence....
...clude that Champagne's
sentence on the false imprisonment conviction is legal. Recognizing the importance of
the issue, we certify the following question:
IS THE LOWEST PERMISSIBLE SENTENCE AS DEFINED
BY AND APPLIED IN SECTION 921.0024(2), FLORIDA
STATUTES (2017), AN INDIVIDUAL MINIMUM SENTENCE
AND NOT A COLLECTIVE MINIMUM SENTENCE WHERE
THERE ARE MULTIPLE CONVICTIONS SUBJECT TO
SENTENCING ON A SINGLE SCORESHE...
CopyPublished | Florida 2nd District Court of Appeal
...hird-degree felony, is illegal. We conclude that Champagne's twenty-year sentence is legal, and we certify a question of great public importance. Champagne was sentenced under the Criminal Punishment Code, chapter 921, Florida Statutes (2005) (CPC). Section 921.0024(2) states that when "the lowest permissible sentence under the [CPC] exceeds the statutory maximum sentence as provided in s....
...ence on the robbery count. 2 The court then sentenced Champagne to twenty years (240 months) in prison on the false imprisonment count. 3 In his postconviction motion, Champagne argued that his twenty-year sentence is illegal based on his reading of section 921.0024(2) and Butler v....
...ntences for any additional offenses must not exceed the individual statutory maximums for those offenses. Essentially, Champagne contends that the LPS is a collective minimum sentence. The postconviction court denied Champagne's motion, finding that section 921.0024 does not require the LPS to be imposed "only if it exceeds the statutory maximum for the primarily scored offense....
...Additional offenses, those "for which an offender is convicted and which [are] pending before the court for sentencing at the time of the primary offense," §
921.0021(1), are scored and included in the total sentence points calculation, which is then used solely to determine the offender's LPS, see §
921.0024(1)(a), (2)....
...Additional offenses are also referenced as part of the CPC's sentencing range: "The permissible range for sentencing shall be the [LPS] up to and including the statutory maximum, as defined in s.
775.082, for the primary offense and any additional offenses before the court for sentencing." §
921.0024(2). The LPS "is assumed to be the lowest appropriate sentence for the offender being sentenced," §
921.00265(1), and it "is the minimum sentence that may be imposed by the trial court, absent a valid reason for departure," §
921.0024(2)....
...imum sentence " does not reference primary or *633 additional offenses, statutory maximum s , or multiple sentences: "If the [LPS] exceeds the statutory maximum sentence as provided in s.
775.082, the sentence required by the [CPC] must be imposed." §
921.0024(2); cf....
...775.082, F.S., unless the [LPS] exceeds the statutory maximum." (emphasis added) ). The CPC also provides that the trial court "may impose a sentence up to and including the statutory maximum for any offense," §
921.002(1)(g), and expressly allows for concurrent or consecutive sentencing, §
921.0024(2)....
...ffense at sentencing for which it exceeds that offense's statutory maximum, or a collective minimum sentence. If the LPS is an individual minimum sentence, our analysis is complete and the LPS was legally imposed. But as is apparent, the language of section
921.0024(2) is not consistent; both singular and plural terms are used, and the terms statutory maximum and statutory maximum sentence are used without explanation or definition. Although the supreme court has interpreted section
921.0024(2), it has not addressed the issue presented to us. And as will be seen, courts have not consistently applied the language. B. Precedent 1. Butler v. State ,
838 So.2d 554 (Fla. 2003) In Butler , the supreme court determined that sections
921.002(1)(g) and
921.0024(2), respectively providing that a court may sentence an offender up to the statutory maximum for any offense and that a court must impose the LPS where it exceeds the statutory maximum sentence, are not in conflict and can be harmonized.
838 So.2d at 556 . In so concluding, the supreme court held that "when section
921.0024(2) applies so that the statutory maximum sentence as provided in section
775.082, Florida Statutes (2002), is exceeded by the [LPS], the [LPS] becomes the maximum sentence which the trial judge can impose." Id....
...But Moore does not address how to apply the directive to impose the LPS when it exceeds the statutory maximum sentence. Nor does it address whether the LPS is an individual minimum sentence or whether the "statutory maximum" referenced in the range is different than the "statutory maximum sentence" in the directive of section 921.0024(2). IV. Analysis Although courts have applied the language of section 921.0024(2) and the holdings of Butler and Moore , they have often done so inconsistently, with conflicting application and results, and without analysis....
...have imposed in the instant case is [the LPS of] 64.5 months" without distinguishing between the two convictions). 7 The inconsistencies may be strictly the result of courts addressing only the discreet issues presented and the terms or portions of section 921.0024(2) about which they were asked. Nonetheless, the results of these cases and their applications of section 921.0024(2) are often conflicting and, at a minimum, imprecise....
...idual offense; and that where it exceeds the statutory maximum sentence, the LPS becomes the maximum sentence which may be imposed. What has not been analyzed, except in two concurrences and one dissent, is how to interpret and apply the language of section 921.0024(2) where there are multiple convictions at sentencing....
...State ,
199 So.3d 960 , 964 (Fla. 4th DCA 2016) (Warner, J., concurring specially); Dennard v. State ,
157 So.3d 1055 , 1056-57 (Fla. 4th DCA 2014) (Conner, J., concurring specially); Id. at 1057-61 (Warner, J., dissenting). And although it has been stated that section
921.0024(2) "is unclear on how a sentence should be imposed in cases where there are multiple offenses for sentencing and the sentencing points result in a[n] [LPS] above the statutory maximum," we disagree. See Dennard ,
157 So.3d at 1056-57 (Conner, J., concurring specially) (discussing two potential interpretations of section
921.0024(2) as requiring imposition of the LPS "for each offense" for which it exceeds that offense's statutory maximum or as requiring imposition of the LPS where it exceeds the primary offense's statutory maximum); see also Colon ,
199 So.3d at 964 (Warner, J., concurring specially) (discussing application of section
921.0024(2)'s *636 directive when the statutory maximum of the primary offense exceeds the LPS but the additional offense statutory maximum is less than the LPS); Dennard ,
157 So.3d at 1059-61 (Warner, J., dissenting) (interpreting Butler and the language of section
921.0024(2) as requiring the court to sentence the offender to at least the LPS on the primary offense where the primary offense's statutory maximum exceeds the LPS but prohibiting the court from sentencing the offender to the LPS on an addit...
...ceeds the statutory maximum for the additional offense and determining that in light of Moore , the LPS "is the collective total minimum sentence for all offenses" and " not the sentence which must be applied to each offense at sentencing" such that section 921.0024(2)'s directive "appl[ies] to the collective total statutory maximum of the individual sentences "). Based on the language of section 921.0024(2) and bounded by the language of Butler and Moore , we conclude that the LPS is an individual minimum sentence which applies to each felony at sentencing for which the LPS exceeds that felony's statutory maximum sentence, regardless of whether the felony is the primary or an additional offense....
...As noted previously, because Butler appears to have involved misdemeanor additional offenses, to which the CPC does not apply and for which consecutive sentencing would be impossible, 9 Butler 's holding in this context is questionable. Likewise, while Moore did not address the directive of section 921.0024(2) requiring imposition of the LPS when it exceeds the statutory maximum where multiple convictions are before the court for sentencing, the court's holding that once the *637 minimum sentence is established the offenses are no longer interrelated is important to our conclusion....
...775.082 for an offense at conviction, or the consecutive statutory maximums for offenses at conviction, unless otherwise provided by law." (emphasis added) ). Although this court has not previously analyzed the statutory language or how it is to be applied, it has cited Butler and section 921.0024(2) and remanded for resentencing where the sentences were illegal, exceeding both the LPS and the statutory maximums....
...son for departure, to sentence the defendant to the [LPS] for each crime" and that "[o]nly the State's agreement to cap [the offender's] sentence ... enabled the trial court to depart from imposing the [LPS] for both counts" (emphasis added) (citing § 921.0024(2), Fla....
...1st DCA 2016) (concluding, in part, that the LPS was required to be imposed on each of two third-degree felony convictions, neither of which would have been the primary offense where a second-degree felony conviction was also pending before the court for sentencing, stating "[p]er section 921.0024(2) and Butler , [the LPS] becomes the required sentence" for both third-degree felony convictions not subject to habitual felony offender enhancement)....
...11 But see *638 Colon ,
199 So.3d at 964 (Warner, J., concurring specially) ("[I]n this case, as the statutory maximum for [the primary offense] was life, well in excess of the LPS, sentencing appellant to the LPS for the primary offense satisfies the statutory directive of section
921.0024(2). The sentences for the remaining third degree felonies should not exceed the statutory maximum for each crime."); Dennard ,
157 So.3d at 1060-61 (Warner, J., dissenting) (determining that the directive of section
921.0024(2) can be harmonized with the language from section
921.002(1)(g) that the trial court "may impose a sentence up to and including the statutory maximum for any offense" and courts may impose concurrent or consecutive sentences, direc...
...to counts one to three, for a total of 48.5 years. In case 2D14-4920, the trial court sentenced him to 15 years for each of the seven counts .... [T]he sentences imposed on Mr. Walsh are legal ." (emphasis added) ). It is evident that the effect of section 921.0024(2)'s directive differs significantly if the LPS is an individual minimum sentence rather than a collective minimum sentence....
...Conclusion We affirm the postconviction court's order and conclude that Champagne's sentence on the false imprisonment conviction is legal. Recognizing the importance of the issue, we certify the following question: IS THE LOWEST PERMISSIBLE SENTENCE AS DEFINED BY AND APPLIED IN SECTION 921.0024(2), FLORIDA STATUTES (2017), AN INDIVIDUAL MINIMUM SENTENCE AND NOT A COLLECTIVE MINIMUM SENTENCE WHERE THERE ARE MULTIPLE CONVICTIONS SUBJECT TO SENTENCING ON A SINGLE SCORESHEET? Affirmed; question certified....
...KELLY and LUCAS, JJ., Concur. A single scoresheet is prepared "for each defendant to determine the permissible range for the sentence that the court may impose," and the scoresheet "must cover all of the defendant's offenses pending before the court for sentencing." § 921.0024(3); see also Fla....
...§
921.00265(2). The CPC expressly states that it applies "to all felony offenses, except capital felonies, committed on or after October 1, 1998," §
921.002, but it also allows for misdemeanors to be scored as additional offenses and prior record, §
921.0024(1)(a); see Fudge v....
CopyPublished | Florida 2nd District Court of Appeal | 2012 WL 1368180, 2012 Fla. App. LEXIS 6178
...The State argues that the trial court erred in sentencing Garcia-Costa to only the mandatory prison releasee reoffender (PRR) minimum sentence of 15 years, see §
775.082(3)(c), Fla. Stat. (2010), instead of the lowest permissible sentence of 17.5 years called for under the criminal punishment code scoresheet. See §
921.0024, Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2011 Fla. App. LEXIS 5565, 2011 WL 1485611
...“Legal status points are assessed at the time of sentencing if, at the time of the commission of the offense(s) for which [the defendant] is being sentenced, the defendant was under any form of legal status.” Lockhart v. State,
980 So.2d 613, 615 (Fla. 4th DCA 2008) (citing §
921.0024(1)(b), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2006 Fla. App. LEXIS 5635, 2006 WL 1007249
...(b) Except as provided in paragraph (c) or paragraph (d), ... 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. *1010 (Emphasis supplied). Section 921.0024, Florida Statutes, provides that forty points are to be assessed for victim injury for sexual contact with no penetration....
CopyPublished | Florida 4th District Court of Appeal
...prescription drugs, a second degree felony. Under section
775.082(3)(d),
Florida Statutes (2013), the maximum sentence for a second degree felony
is fifteen years. However, the defendant’s lowest permissible sentence
under the code was 237.45 months, or 19.78 years, and under section
921.0024(2), Florida Statutes, (2013), “[i]f the lowest permissible sentence
under the code exceeds the statutory maximum sentence as provided in s.
775.082, the sentence required by the code must be imposed.” The
twenty-five year sentenc...
