DONALD R. BEGGS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the sentencing guidelines in effect at the time of the crime, not a later revised version, must be used for sentencing.
Defendant pled nolo contendere to lewd assault. The trial court used a revised version of the sentencing guidelines scoresheet that became effective a…
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SHIVERS, Judge.
Defendant appeals a sentence imposed pursuant to the sentencing guidelines. We reverse and remand for resentencing. Defendant was charged by information with sexual battery upon a child under the age of eleven years, alleged to have occurred on April 29, 1984. In July 1984, defendant pled nolo contendere to the lesser offense of lewd assault upon a child and a sentencing hearing was conducted on August 3, 1984. The sentencing guidelines scoresheet utilized at the sentencing hearing reflected a total of 183 points and a recommended range of community control or twelve to thirty months incarceration. Appellant was adjudicated guilty and sentenced to thirty months in state prison, to be followed by twelve and one half years probation.
The scoresheet utilized by the trial court was a revised version of the Category 2 scoresheet, which became effective on July 1, 1984.1 Defendant argues on appeal that the trial court erred in failing to use the version of the sentencing guidelines score-sheet for Category 2 offenses which was in effect at the time of the crime. We agree.
This court has held that the sentencing guidelines may not be applied retroactively. Jackson v. State, 454 So. 2d 691 (Fla. 1st DCA 1984); Randolph v. State, 458 So. 2d 64 (Fla. 1st DCA 1984). Further, both this court and the Fourth District have recently held that the sentencing guidelines in effect at the commission of the crime are to be applied. Dewberry v. State, 472 So. 2d 792 (Fla. 1st DCA 1985); Miller v. State, 468 So. 2d 1018 (Fla. 4th DCA 1985); Taft v. State, 468 So. 2d 472 (Fla. 4th DCA 1985).
Accordingly, we reverse and remand for resentencing in accord with the sentencing guideline scoresheet in effect on April 29, 1984, the date of the commission of the crime.
ERVIN and JO ANOS, JJ., concur. . The Florida Bar: Amendment of Rules of Criminal Procedure (3.701, 3.988 — Sentencing Guidelines), 451 So. 2d 824 (Fla.1984).
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Wilkerson v. State, 480 So. 2d 213 (Fla. 1st DCA 1985)…, the court stated: The amended guidelines expose appellant to a greater penalty than the guidelines in effect on the date of his offenses and thus application of the guidelines would be ex post facto and unconstitutional. See also Beggs v. State, 473 So. 2d 9 (Fla. 1st DCA 1985); Dewberry v. State, 472 So. 2d 792 (Fla. 1st DCA 1985); Ennis v. State, 475 So. 2d 713 (Fla. 1st DCA 1985); Schmidt v. State, 475 So. 2d 278 (Fla. 1st DCA 1985). In the instant case, if appellant’s guidelines scoresheet had been…
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Kerr v. State, 481 So. 2d 1233 (Fla. 2d DCA 1985)…that the proper scoresheet is the version in effect at the time the crimes were committed. Jones v. State, No. BD-92 (Fla. 1st DCA Oct. 10, 1985) [10 F.L.W. 2330]; Lewis v. State, 475 So. 2d 1367 (Fla. 2d DCA 1985) [10 F.L.W. 2293]; Beggs v. State, 473 So. 2d 9 (Fla. 1st DCA 1985). In this case, that scoresheet, if used, would have recommended twelve to seventeen years incarceration. Since the filing of this appeal, however, our supreme court issued its opinion in State v. Jackson, 478 So. 2d 1054 (Fla.1…
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Schmidt v. State, 475 So. 2d 278 (Fla. 1st DCA 1985)…have been 132 points with a sentence of any non-state prison sanction. Schmidt is correct that he is entitled to be sentenced pursuant to the guidelines in effect at the time of the commission of the crime. This court has so held in Beggs v. State, 473 So. 2d 9 (Fla. 1st DCA 1985) and Dewberry v. State, 472 So. 2d 792 (Fla. 1st DCA 1985). The remaining points on appeal also assert errors relating to the sentence. We do not reach such points in view of the reversal of the sentence and the defendant’s entit…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- THE Fla. BAR: Amendment to Rules of Crim. Procedure (3.701, 451 So. 2d 824 (Fla. 1984)
- Jackson v. State, 454 So. 2d 691 (Fla. 1st DCA 1984)
- Miller v. State, 468 So. 2d 1018 (Fla. 4th DCA 1985)
- Randolph v. State, 458 So. 2d 64 (Fla. 1st DCA 1984)
- Olin J. Dewberry v. State, 472 So. 2d 792 (Fla. 1st DCA 1985)
- Taft v. State, 468 So. 2d 472 (Fla. 4th DCA 1985)