TIMOTHY VERNON GAUSE, 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.
The court held that a sentence imposed under the Youthful Offender Act after July 1, 1984, must conform to sentencing guidelines, requiring a scoresheet.
Timothy Vernon Gause was sentenced under the Youthful Offender Act for a crime committed in November 1984. No guidelines scoresheet was prepared or fi…
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 Guidelines Scoresheet cases and more on FLexlaw
PER CURIAM.
Timothy Vernon Gause was sentenced under the Youthful Offender Act on June 28,. 1985. The crime for which he was sentenced occurred on November 12, 1984. Sentences imposed under the Youthful Offender Act after July 1, 1984, must conform to the sentencing guidelines. The Florida Bar: Amendment to Rules of Criminal Procedure (3.701, 3.988—Sentencing Guidelines), 451 So. 2d 824 (Fla.1984); Hudson v. State, 475 So. 2d 1018 (Fla. 4th DCA 1985); Braddock v. State, 472 So. 2d 875 (Fla. 1st DCA 1985).
Rule 3.701(d), Florida Rules of Criminal Procedure, requires that a guidelines score-sheet be prepared for each defendant which must include all offenses pending before the court for sentencing. The fact that the trial court purports to give reasons for departure does not dispense with the requirement of a scoresheet since, without knowing the presumptive sentence under the guidelines, the court is without sufficient information to decide whether to depart from the guidelines. Lawrence v. State, 470 So. 2d 102 (Fla. 2d DCA 1985); Myrick v. State, 461 So. 2d 1359 (Fla. 2d DCA 1984).
No scoresheet was filed in the instant case and the record does not indicate that the trial court was aware of the presumptive sentence. Because there is no indication of what the presumptive sentence should be, it is impossible to determine whether appellant’s sentence is a departure from the guidelines. Accordingly, we vacate the sentence and remand for resentencing.
DANAHY, C.J., and SCHEB and HALL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Elvin Vega v. State, 498 So. 2d 1294 (Fla. 5th DCA 1986)…ear from the transcript of the sentencing hearing that the trial judge had the score sheet before him in the instant case, but chose to ignore it because he felt the guidelines were inapplicable in sentencing a youthful offender. Cf. Gause v. State, 491 So. 2d 320 (Fla. 2d DCA 1986) (wherein no score sheet was prepared or filed in the cause). The committee note to Florida Rule of Criminal Procedure 3.701(d)ll originally provided that youthful offenders’ sentences were exempt from the guidelines. However, thi…
-
Weathers v. State, 508 So. 2d 1332 (Fla. 2d DCA 1987)…1986). Accordingly, we reverse appellant’s sentence in case number 84-2132, and remand for resentencing. Upon remand, the trial court is directed to prepare a scoresheet to be used in determining appellant’s presumptive sentence. See Gause v. State, 491 So. 2d 320 (Fla. 2d DCA 1986). Affirmed in part, reversed in part, and remanded for resentencing. CAMPBELL, A.C.J., and HALL, J., concur.…
-
Mixon v. State, 497 So. 2d 720 (Fla. 2d DCA 1986)…); Adams v. State, 483 So. 2d 121 (Fla. 2d DCA 1986); Ryan v. State, 482 So. 2d 558 (Fla. 2d DCA 1986). Should appellant select to be sentenced under the guidelines on remand, a scoresheet must be prepared. Fla.R.Crim.P. 3.701(d)(1); Gause v. State, 491 So. 2d 320 (Fla. 2d DCA 1986); Adams. Appellant was properly sentenced under the guidelines for the grand theft conviction since the offense occurred after the effective date of the guidelines. See In re Rules of Criminal Procedure (Sentencing Guidelines), 43…
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
- THE Fla. BAR: Amendment to Rules of Crim. Procedure (3.701, 451 So. 2d 824 (Fla. 1984)
- Myrick v. State, 461 So. 2d 1359 (Fla. 2d DCA 1984)
- Braddock v. State, 472 So. 2d 875 (Fla. 1st DCA 1985)
- Lawrence v. State, 470 So. 2d 102 (Fla. 2d DCA 1985)
- Hudson v. State, 475 So. 2d 1018 (Fla. 4th DCA 1985)