JAMES ERNEST QUERY, A/K/A ANGELO COSTA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Appellant was sentenced for cocaine possession and bail bond jumping but was denied sentencing under Florida's sentencing guidelines because he had absconded before the guidelines became effective. The court reversed, holding that any defendant sentenced after October 1, 1983, may elect sentencing guidelines regardless of when the crime was committed or whether the defendant delayed the sentencing by fleeing.
A defendant sentenced for applicable crimes on or after October 1, 1983, may affirmatively elect sentencing under the guidelines regardless of when the crime was committed or whether the defendant's actions caused the sentencing to be delayed past the October 1, 1983 effective date.
[1] A defendant may elect to be sentenced under the sentencing guidelines for applicable crimes committed prior to the guidelines' effective date, provided the sentence is im…
[2] The election to be sentenced under the guidelines is available to defendants regardless of whether their sentencing proceedings were delayed due to their own actions, suc…
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Join FLexlaw to unlock all legal intelligence“The sentencing guidelines adopted herein will be effective for all applicable offenses committed after 12:01 a.m., October 1, 1983 and, if affirmatively selected by the defendant, to sentences imposed after that date for applicable crimes occurring prior thereto.”
The Supreme Court's foundational language establishing that defendants may elect guidelines if sentenced after October 1, 1983, regardless of when the crime occurred.
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Join FLexlaw to unlock all legal intelligenceOn September 28, 1982, appellant pleaded nolo contendere to cocaine possession. He subsequently fled and failed to appear at sentencing. Bail bond jum…
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THOMPSON, Judge.
In this appeal from concurrent five-year sentences imposed for possession of cocaine and bail bond jumping, appellant contends that the trial court erred in refusing to honor his election to be sentenced under the sentencing guidelines, Rule 3.701, Fla. R.Crim.P. We agree that appellant was entitled to be sentenced under the guidelines, and reverse and remand for resentencing.
On September 28,1982, appellant entered a plea of nolo contendere to the charge of possession of cocaine. Appellant thereafter fled the jurisdiction, and failed to appear at the October 28, 1982, sentencing hearing. On November 5,1982, bail bond jumping charges were filed against appellant. Appellant was thereafter incarcerated in another jurisdiction and was not returned to Florida until January 6, 1984. On January 17,1984, he pled guilty to the charge of bail bond jumping and elected to be sentenced for both crimes pursuant to the sentencing guidelines. The trial judge refused to apply the guidelines on the ground that appellant would not have been entitled to be sentenced under the guidelines had he not absconded prior to being sentenced for the cocaine charge. This ruling was error. In its opinion adopting the sentencing guidelines, our Supreme Court stated:
The sentencing guidelines adopted herein will be effective for all applicable offenses committed after 12:01 a.m., October 1, 1983 and, if affirmatively selected by the defendant, to sentences imposed after that date for applicable crimes occurring prior thereto.
In re Rules of Criminal Procedure (Sentencing Guidelines), 439 So. 2d 848, 849 (Fla.1983). The quoted language unequivocally establishes that defendants who are sentenced for applicable crimes on or after October 1, 1983, may elect to be sentenced under the guidelines. The court created no exception for fugitives from justice or others who cause sentencing proceedings which ordinarily would have been held pri-or to October 1, 1983, to be delayed until after that date. See Johnson v. State, 453 So. 2d 411 (Fla. 1st DCA 1984); Duggar v. State, 446 So. 2d 222 (Fla. 1st DCA 1984).
REVERSED and REMANDED for re-sentencing.
SHIVERS and ZEHMER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Mischler v. State, 458 So. 2d 37 (Fla. 4th DCA 1984)…der the guidelines Kiser v. State, 455 So. 2d 1071 (Fla. 1st DCA 1984); Moore v. State, 455 So. 2d 535 (Fla. 1st DCA 1984). Conviction prior to effective date does not prevent election to use guidelines but election may be waived Query v. State, 455 So. 2d 554 (Fla. 1st DCA 1984); Johnson v. State, 453 So. 2d 411 (Fla. 1st DCA 1984); Harms v. State, 454 So. 2d 689 (Fla. 1st DCA 1984); Carroll v. State, 454 So. 2d 791 (Fla. 5th DCA 1984); Olsen v. State, 458 So. 2d 772 (Fla. 4th DCA 1984); Duggar v. S…
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Reid v. State, 460 So. 2d 921 (Fla. 2d DCA 1984)…ctober 1, 1983 has been caused by a defendant’s own misdeed, the defendant may still elect guidelines sentencing. Knight v. State, 455 So. 2d 457 (Fla. 1st DCA 1984) (defendant failed to appear at -initial sentencing [*923] hearing); Query v. State, 455 So. 2d 554 (Fla. 1st DCA 1984) (defendant was a fugitive from justice for over one year). The delay in the imposition of appellant’s legal sentence was due to his exercising his right to appeal. He is entitled to elect guidelines sentencing. In reviewing the…
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Wright v. State, 492 So. 2d 394 (Fla. 1st DCA 1986)…In Re Rules of Criminal Procedure (Sentencing Guidelines), 439 So. 2d 848 (Fla.1983). There is no exception to the right to elect guideline sentencing when sentencing occurs after the October 1, 1983 effective date of the guidelines. Query v. State, 455 So. 2d 554 (Fla. 1st DCA 1984); Knight v. State, 455 So. 2d 457 (Fla. 1st DCA 1984); Adams v. State, 483 So. 2d 121 (Fla. 2d DCA 1986); Chippas v. State, 482 So. 2d 528 (Fla. 5th DCA 1986). Since Wright’s motion for post-conviction relief presents a facial a…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- In re Rules of Criminal Procedure (sentencing Guidelines), 439 So. 2d 848 (Fla. 1983)
- Duggar v. State, 446 So. 2d 222 (Fla. 1st DCA 1984)
- Johnson v. State, 453 So. 2d 411 (Fla. 1st DCA 1984)