Florida/Georgia Personal Injury & Workers Compensation

...25 Complicating the question of presentence investigation reports even further, the Florida Legislature in 1974 enacted a statute purporting to make preparation of such reports mandatory in all felony cases in which a guilty verdict has been rendered and discretionary in misdemeanor cases. See Fla.Stat.Ann. § 921.231 (West Supp.1982)....

...hich the defendant will return after incarceration and the resources available to assist him; the defendant's prior criminal record; and the probation officer's view of his motivations. Black's Law Dictionary (5th ed. 1979). See, e.g., Fla.Stat.Ann. § 921.231 (West Supp.1982) 32 See Part III.B supra 33 The magistrate specifically rejected appellant's contention that the attorney's failure to request a continuance after hearing from Dr....

...lty; (16) the court employed an incorrect standard in imposing the death penalty. [3] In his pro se supplemental initial brief, Muhammad argues that: (1) his 1991 PSI was ordered in violation of Florida Rule of Criminal Procedure 3.711; (2) section "921.231(1)(g)(I)," Florida Statutes (1995), is unconstitutional and violates Florida Statutes; (3) section "921.231(1)(A)(g)" is unconstitutionally vague; (4) Muhammad's right to privacy was violated when the State obtained his medical and family history to prepare the 1991 and 1996 PSIs; (5) the obtaining of Muhammad's Department of Health and Rehabilitat...

...the opportunity to explain or offer evidence on the issue. Jansson v. State, 399 So.2d 1061 (Fla. 4th DCA 1981). Likewise, the presentence investigation report prepared by the Department of Corrections may contain the offender's prior arrest record. § 921.231(1)(c), Fla....

...for its application." Smith v. State , 521 So.2d 106 , 108 (Fla. 1988). The legislature has recognized trial testimony and evidence as appropriate sentencing considerations. See Cabriano v. State , 211 So.3d 147 , 149 (Fla. 4th DCA 2017) ; see also § 921.231, Fla....

...There are consequences, both legal and practical. Requiring the court to announce to a defendant, before accepting his or her plea, that the court will (as opposed to may) habitualize requires the court to make its decision prior to receipt and review of a presentence investigation, § 921.231, Fla....

...We affirm and conclude that only one point merits discussion. Defendant asserts error in that the trial court considered his prior arrests not leading to convictions in sentencing him. After the jury's verdict, the defendant requested a presentence investigation, which was prepared in accordance with Section 921.231, Florida Statutes (1979)....

...entencing so long as the court recognizes that these arrests are not convictions or findings of guilt, and the defendant is given an opportunity to explain or offer evidence on the issue of his prior arrests. We are further persuaded to this view by Section 921.231, Florida Statutes (1979), which prescribes the contents of a presentence investigation report in Florida....

...Public Defender, for appellant. Robert L. Shevin, Atty. Gen., and Basil S. Diamond, Asst. Atty. Gen., for appellee. MOORE, Circuit Judge. This cause is an appeal transferred to us from the Fourth District Court of Appeal because the trial judge directly held invalid Section 921.231, Florida Statutes (Supplement 1974)....

...ommit grand larceny. He was tried by a jury and found guilty. No presentence investigation was ordered although requested by defense counsel because the appellant had a record of eight felony convictions for similar offenses. Appellant contends that Section 921.231, [2] Florida Statutes (Supplement 1974), requires the trial judge to order a presentence investigation report in every felony case. The trial judge specifically ruled that Section 921.231 was not binding upon him and that Rule 3.710, [3] Florida *196 Rules of Criminal Procedure, which makes the report discretionary, is controlling. Appellant was adjudicated guilty as charged and sentenced to fifteen years imprisonment. The main contention of the appellant is that the trial court was required by Section 921.231, Florida Statutes, to order the pre-sentence investigation. We hold that Section 921.231, Florida Statutes, properly directs the Parole and Probation Commission to prepare pre-sentence investigation reports for use by the court....

...age. That rule was predicated upon an understanding that trial judges have a superior vantage point relative to the circumstances of an offense and have information of an offender's prior criminal record readily available to them. To the extent that Section 921.231 attempts to make the presentence investigation report mandatory in all felony cases, we hold that section unconstitutionally invades the rule making province of this Court....

...We have carefully considered appellant's other contentions and find them to be without merit. The judgment of the circuit court is affirmed. It is so ordered. OVERTON, C.J., and ROBERTS, ADKINS, BOYD, ENGLAND and SUNDBERG, JJ., concur. NOTES [1] Art. V, § 3(b)(1), Fla. Const. [2] "921.231 Pre-sentence investigation reports....

...on and recommendation. It shall be the duty of the commission to make a report in writing to the court prior to sentencing at a specified time depending upon the circumstances of the offender and the offense... ." Florida Statutes (Supplement 1974). Section 921.231 was amended by Section 921.231, Florida Statutes (1975), which also requires a presentence investigation in felony cases where the defendant has been found guilty or has entered a plea of nolo contendere or guilty....

...See Fernandez, 212 So.3d at 497 ; Gray, 964 So.2d at 885 . LaROSE, C.J., and SILBERMAN, J., Concur. . We note that the trial court would have been permitted to consider evidence that Love is- associated with a gang engaged in criminal activity. See § 921.231(g), (j), Fla....

imposing the appropriate sentence for a defendant. § 921.231(l)(c), Fla. Stat. (2010). However, if the Legislature

...4 There was no presentence investigation (PSI) report prepared in this case. We note, however, that PSI reports are statutorily required to include "[a] statement regarding the extent of the victim's loss or injury." § 921.231(1)(n). In many instances, victim loss or injury statements in PSI reports come directly from victims. See, e.g., Marty v. State, 41 Fla. L. Weekly D2152, D2153 (Fla. 2d DCA Sept. 23, 2016). There is no requirement in section 921.231(1)(n) that a victim loss or injury statement in a PSI report be sworn....

...State, 823 So.2d 757, 759-60 (Fla.2002), abrogation on Other grounds recognized in State v. Johnson, 122 So.3d 856, 862 (Fla.2013). In the present case, the record reflects that the sentencing judge ordered a pre-sentencing investigation (PSI) report purl suant to § 921.231(1), Fla....

...The purpose of the PSI report is to provide the sentencing court with information that is helpful in determining the type of sentence that should be imposed. Fla. R.Crim. P. 3.712(a). This report must include, inter alia, the offender’s prior' record of arrests and convictions. § 921.231(l)(c), Fla....

...itions, we conclude that the CPC is unambiguous concerning the factors a trial court .may consider in sentencing a defendant. The Legislature included prior arrests as information that is helpful in imposing the appropriate sentence for a defendant. § 921.231(l)(c), ....

...that the documents were not actually included in that report. We see no reason to extend the confidentiality afforded presentence investigation reports to materials, although of a similar nature, that are not part of the report prepared pursuant to section 921.231, Florida Statutes (1985)....

...7 consider only prior arrests and convictions rather than arrests subsequent to the primary offense. Id. at 409. It looked to those factors enumerated in the provisions of the presentence investigation report, noting that under section 921.231(1)(c), Florida Statutes (2010), a court may consider an offender’s prior arrests and convictions, as well as the definition of “prior record” in the CPC....

...State, 950 So. 2d 526, 526 (Fla. 4th DCA 2007). Nevertheless, as noted in Norvil, the legislature authorizes the inclusion of prior arrests and convictions as information to assist the court in determining a proper sentence for the defendant. See §§ 921.231(1)(c); 948.015(3), Fla....

...when determining an appropriate sentence.” Dowling v. State, 829 So. 2d 368, 371 (Fla. 4th DCA 2002) (citing Roberts v. United States, 445 U.S. 552, 556 (1980); Williams, 337 U.S. at 246–52). The Florida Legislature recognized a number of relevant factors in enacting section 921.231 of the Florida Statutes, which governs presentence investigation reports. See § 921.231, Fla. Stat. Subsection (1) lists the factors that should be included in a full presentence investigation report, including “the offender’s prior record of arrests and convictions.” § 921.231(1), Fla. Stat....

permissible factor to consider at sentencing. § 921,231(l)(n), Fla. Stat. (2014). The victim’s suicide

...arrests. Id. at 408-09. But the PSI provision referenced in Norvil authorizes consideration of, among many other things, “the offender’s motivations and ambitions and an assessment of the offender’s explanations for his or her criminal activity.” § 921.231(1)(l), Fla....

...educational background, social history, medical history, environments to which the offender might return, treatment opportunities, vocational training opportunities, prior criminal history, “[a] complete description of the situation surrounding the criminal activity,” and so on, id. § 921.231(1)—these factors aid the court in gauging a defendant’s rehabilitation potential. 8 penological interests such as rehabilitation”); cf....

...ordered, a presentence investigation report, because the State had filed a habitual felony offender motion. The PSI was filed with the trial court and, on Appellant’s motion, included in the record on appeal. It included Appellant’s prior record as required by law. § 921.231(1)(c), Fla....

...character, likelihood of rehabilitation or recidivism, the deterrent effect of punishment, and danger to others upon release. § 921.002(1)(d) (“The severity of the sentence increases with the length and nature of the offender’s prior record.”); see § 921.231(1)(m) (mandating that presentence investigation report include, among other things, explanation of the offender’s criminal record and offender’s explanation of prior offenses); § 948.015 (same PSI contents for non-state-prison sanctions)....

...prior felonies, and the “responsibility” comment was made in light of Appellant’s obvious knowledge of his status as a convicted felon. 30 This was a proper sentencing consideration. See §§ 921.002(1)(d), 921.231(1)(m), Fla....

...As mentioned above, rule 3.710(b) was adopted to effectuate the prospective Muhammad PSI requirement. See Amends. to Fla. Rules of Crim. Pro., 886 So. 2d 197, 199 (Fla. 2004). The Committee Note states, “The Department of Corrections should not recommend a sentence.”1 Id. at 210. Section 921.231, Florida Statutes (2012), authorizes DOC to conduct presentence investigations and prepare reports upon referral from the circuit court in criminal cases under certain circumstances. Section 921.231(1)(o) provides that the PSI should include “[a] recommendation as to disposition by the court” based on consideration of several factors.2 When a court refers a pending capital 1....

...argument that rule 3.710(b) prohibits a sentencing recommendation. When the provision was adopted, this Court stated, “The committee notes and commentary are offered for explanation only and are not adopted as an official part of the rules.” Id. at 200. 2. Section 921.231(1)(o) provides in relevant part as follows: The full report shall include: . . . - 15 - sentencing matter to DOC for a PSI under rule 3.710(b), the factors in section 921.231(1)(o) do not apply....

...Sheffield now argues to us that the trial court erred in admitting the pre-trial statements he made during the presentence investigation interview because he had an expectation of confidentiality during the presentence interview. We find no merit in this argument. Section 921.231(1)(a), Florida Statutes (1989), provides that the presentence investigative report shall include, among other things: A complete description of the situation surrounding the criminal activity with which the offender has been charged,...

...views of the person preparing the report as to the offender's motivations and ambitions and an assessment of the offender's explanations for his or her criminal activity, [a]n explanation of the offender's ... version and explanation of any previous offenses." § 921.231(1)(d)-(m), Fla....

...We reject appellant s argument that the trial judge was prohibited from considering incidents with his wife and stepdaughter at sentencing. Both incidents, in large part, were part of the evidence admitted at trial. The legislature has identified trial testimony and evidence as a proper sentencing consideration. Section 921.231, Florida Statutes (2013), permits a trial judge to request a presentence investigation report. Among other things, the full report “shall include” a “complete description of the situation surrounding the criminal activity with which the offender has been charged, including a synopsis of the trial transcript, if one has been made.” § 921.231(l)(a)....

...There the supreme court held that a sentencing court could not consider arrests without conviction occurring after the primary offense. Id. at 409 . The court found that such subsequent arrests were not specified as proper sentencing factors in sections 921.0021 and 921.231, Florida Statutes....

...nt to the charged crime. Id. ("[A]rrests and convictions considered by a trial judge in sentencing occur 'prior to the time of the primary offense,' and not subsequent to the primary offense." (quoting § 921.0021(5), Fla. Stat. (2010)); see also § 921.231(1)(c), Fla....

...No. 3D08-421. District Court of Appeal of Florida, Third District. April 9, 2008. Frank Johnson, in proper person. Bill McCollum, Attorney General, for appellee. Before SHEPHERD and SUAREZ, JJ., and SCHWARTZ, Senior Judge. PER CURIAM. Affirmed. See § 921.231, Fla....

...ord. § 921.002(1)(b), (c), and (d), Fla. Stat. (2010) . . . . 2  In the present case, the record reflects that the sentencing judge ordered a presentencing investigation (PSI) report pursuant to § 921.231(1), Fla....

...The purpose of the PSI report is to provide the sentencing court with information that is helpful in determining the type of sentence that should be imposed. Fla. R. Crim. P. 3.712(a). This report must include, inter alia, the offender’s prior record of arrests and convictions. § 921.231(1)(c), Fla....

...nclude that the CPC is unambiguous concerning the factors a trial court may consider in sentencing a defendant. The Legislature included prior arrests as information that is helpful in imposing the appropriate sentence for a defendant. § 921.231(1)(c), Fla....

...committing the instant crimes, the collateral crime could not be considered by the sentencing court for the instant crimes, because he was not convicted of the collateral crime until after he committed the instant crimes. Further, the defendant argues, because section 921.231(1)(c) does not mention “subsequent convictions for prior arrests,” it is improper for a sentencing court to consider “subsequent convictions for prior arrests” in rendering sentence....

of the presentence investigation report. See § 921.231(1), Fla. Stat. (2016) (stating that a full presentence

...e handling of such reports. McClendon was a juvenile but was sentenced as an adult and accordingly a PSI was presented to the trial court prior to sentencing. The Department of Corrections is responsible for preparing the PSI under the provisions of section 921.231, Florida Statutes (Supp.1990)....

...t the CPC is unambiguous concerning the factors a trial court may consider in sentencing a defendant. The Legislature included prior arrests as information that is helpful in imposing the appropriate sentence for a defendant. § 921.231(1)(c), Fla. Stat....

...First, the goal of general deterrence is already addressed by the sentencing scheme put in place by the Legislature. Second, the CPC does not include general deterrence in its “unambiguous” list of factors a trial court may consider in sentencing an individual defendant. § 921.231(1)....

PEARSON, Judge. The single point to be determined on this appeal is whether a trial judge may refuse to consider a pre-sentence investigation report mandated by Section 921.231, Florida Statutes (1975), and Fla.R.Crim.P....

...ected cases of tuberculosis or exposure toin suspected tuberculosis cases. §§ 392.545, 392.65, Fla. Stat. (xx) Complete Rpresentence investigation reportsand attached -psychological — or—psychiatric evaluations. Fla. R.Crim. F. 3.712.-) -§-§-921.231(l)(i),-948.015(9), Fla, - Stat....

...is proceedings ond-records of the Deportment of Health-in-suspeoted tuberenlosis-cases. §§ 392.545, 392.65, Fla. Stat. *840 ===-Prcaentonce investigation report»' - and attached- psychological or-psyehiatric evaluations. Fin. R. Crim. Pt3t7-1⅜§§ 921.231{-¾(⅞), 94 8.015(9);-HarStatT ( ) Cl) I am filing herewith a document containing confidential information as described in Rule 2.420(dl(11fB! and that: Cal The title/tvoe of document is:_ ....

...The severity of the sentence increases with the length and nature of the offender’s prior record. Id. at 409 (quoting §§ 921.002(1)(b), (c), and (d), Fla. Stat. (2010)). The Court also noted that the sentencing judge ordered a presentencing investigation report pursuant to section 921.231(1), Florida Statutes, the purpose of which “is to provide the sentencing court with information that is helpful in determining the type of sentence that should be imposed.” Id. (citing Fla. R. Crim. P. 3.712(a)). “This report must include, inter alia, the offender’s prior record of arrests and convictions.” Id. (citing § 921.231(1)(c), Fla....

...error was harmless, because the trial court stated that it had reviewed “the court file and records,” which included two psychological reports. The state, however, makes no contention that the court had access to all the information required by Section 921.231, Florida Statutes (1997), which includes, among other things, a description of the defendant’s education, employment background, financial status, social history, residence history, psychological history, and medical history; a desc...

...State, 191 So.3d 406, 409 (Fla. 2016). A defendant’s due process rights are violated where an impermissible factor is considered in sentencing. See id. at 408 . The Norvil court’s analysis is instructive to this issue. In Norvil , the Florida Supreme Court looked to section 921.231, Florida Statutes (2010), the statute outlining factors to be included in presentence investigation reports (PSIs), in determining which factors may appropriately be considered in sentencing a defendant. Norvil, 191 So.3d at 409 . The statute instructs that the PSI shall include “[t]he residence history of the offender.” § 921.231(l)(h), Fla. Stat. (2016). *891 The wording of subsection 921.231(l)(h) is plain that residence history of the defendant was to be considered, not merely his residence at the time of the crime....

...nt criminal history, but some significant criminal acts, including arm robbery with a deadly weapon and an attempted arm robbery in 2008, which isn’t all that long ago, including 2 See Fla. R. Crim. P. 3.710(a) § 921.231(1), Fla....

...State, the Florida Supreme Court announced that “a trial court may not consider a subsequent arrest without conviction during sentencing for the primary offense.” 191 So.3d 406, 410 (Fla. 2016). The Court did so based upon its interpretation of the Criminal Punishment Code and section 921.231, Florida Statutes, regarding presentence investigation reports....

...Following an assessment using a standard form, DUI offenders are required to complete either a 12- or 21-hour course. 15A-10.024–.025, F.A.C. This assessment could occur after the offender enters a plea or is found guilty, but before sentencing, so the sentencing judge knows the time needed for completion. See § 921.231, Fla....

...for its application." Smith v. State , 521 So.2d 106 , 108 (Fla. 1988). The legislature has recognized trial testimony and evidence as appropriate sentencing considerations. See Cabriano v. State , 211 So.3d 147 , 149 (Fla. 4th DCA 2017) ; see also § 921.231, Fla....