JAMES LAWRENCE LASTER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that points for a prior offense committed after the primary offense should not have been added to the score sheet for sentencing purposes.
Appellant was convicted of sexual battery and lewd assault. The trial court improperly added points for a prior offense committed after the lewd assau…
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DAUKSCH, Judge.
This is an appeal from a sentence. Appellant was convicted of two crimes; sexual battery of a child under twelve years of age and lewd and lascivious assault upon a child.
Sexual battery on a child under twelve years of age is a capital felony punishable by life imprisonment with a minimum of twenty-five years imprisonment. It is not a life felony and is not subject to a guideline sentence; it is not scored within the guidelines. Rusaw v. State, 451 So. 2d 469 (Fla.1984); Brosz v. State, 466 So. 2d 256 (Fla. 5th DCA 1985).
The primary offense at sentencing, for guideline sentencing purposes, was the lewd assault. The points assessed for a prior offense of uttering a forged check should not have been added to the score-sheet because that crime was committed after the lewd assault and thus is not a prior offense. Fla.R.Crim.P. 3.701(d)(5)(a). It does not matter that appellant had been convicted and sentenced for uttering the forged check before the instant conviction and sentences. Although little, if any, difference in the sentence will result, we must remand for resentencing.
SENTENCE QUASHED; REMANDED.
UPCHURCH and COWART, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Morgan v. State, 146 So. 3d 508 (Fla. 5th DCA 2014)…87), sexual battery on a child under the age of twelve in violation of section 794.011(2), Florida Statutes, was considered a capital crime (albeit not punishable by death) and was therefore not subject to the sentencing guidelines. Laster v. State, 486 So. 2d 88, 88 (Fla. 5th DCA 1986) (holding sexual battery on a child under twelve years of age is a capital felony, which is not subject to guidelines sentence); see also § 921.001(4)(a), Fla. Stat. (1987) (excluding capital felonies from guidelines sentencin…
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Norris v. State, 503 So. 2d 911 (Fla. 5th DCA 1987)…TIONS AND SENTENCES AFFIRMED IN PART; SENTENCE FOR LEWD AND LASCIVIOUS ASSAULT VACATED AND REMANDED FOR RESEN-TENCING. UPCHURCH, C.J., and DAUKSCH, J., concur. . § 794.011(2), Fla.Stat. (1985). . § 800.04(1), Fla.Stat. (1985). . Laster v. State, 486 So. 2d 88 (Fla. 5th DCA 1986). . U.S. CONST. art. I, § 10, cl. 1; Art. I, § 10, Fla. Const.…
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Gore v. State, 552 So. 2d 1185 (Fla. 5th DCA 1989)…ted neither actual prejudice nor an abuse of discretion. Appellant also contends that the trial court erred in preparing his scoresheet. We agree. Scoring offenses which occur after the primary offense as prior record is improper. Laster v. State, 486 So. 2d 88 (Fla. 5th DCA 1986). Conviction AFFIRMED; REMAND for resentencing. DAUKSCH and SHARP, JJ., concur.…
Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Rusaw v. State, 451 So. 2d 469 (Fla. 1984)
- Brosz v. State, 466 So. 2d 256 (Fla. 5th DCA 1985)