GLENN A. SCHMIDT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A defendant is entitled to be sentenced under the sentencing guidelines in effect at the time the crime was committed, not under later amendments.
Schmidt pled guilty to a felony offense committed between January 1, 1983, and February 13, 1984. At sentencing, the trial court imposed sentence unde…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Sentencing Guidelines cases and more on FLexlaw
NIMMONS, Judge.
Schmidt appeals from a sentence imposed pursuant to the sentencing guidelines. We reverse and remand for resentencing.
Schmidt was charged with a continuing felony offense, which occurred between January 1, 1983, and February 13, 1984. On July 11, 1984, appellant pled guilty, the state having agreed to recommend a sentence within the guidelines. At the sentencing on August 13, 1984, the trial court, over Schmidt’s objections, imposed sentence pursuant to the sentencing guidelines as amended July 1, 1984.
Under the July 1984 guidelines amendments, Schmidt’s score for his category 2 offense was 158 points with a sentencing range of 12-30 months incarceration. Under the former provisions, the guidelines score would 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 entitlement to resentencing.
Reversed and Remanded for resentencing under the guidelines in effect on the date of the commission of the crime.
THOMPSON and WIGGINTON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Wilkerson v. State, 480 So. 2d 213 (Fla. 1st DCA 1985)…n 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 prepared pursuant to the original rule, appellant would have had a total of 152 points which would have resulted in a recommended sentence of community control…
Authorities Cited
- Olin J. Dewberry v. State, 472 So. 2d 792 (Fla. 1st DCA 1985)
- Beggs v. State, 473 So. 2d 9 (Fla. 1st DCA 1985)