JAMES R. SMITH, 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 appellate court affirmed the appellant's convictions for first-degree murder and attempted first-degree murder but reversed the sentence for attempted first-degree murder due to sentencing errors. The case clarifies how certain points should be scored on a guidelines score-sheet.
The court held that the trial court did not err in denying the requested jury instruction or the motion for directed verdict. However, the court found that the trial court made errors in scoring the sentence for attempted first-degree murder.
[1] A trial court does not err in denying a requested special jury instruction on the definition of "sudden passion" when the record and applicable case law do not support it…
[2] A motion for directed verdict is properly denied when sufficient facts in the record support the trial court's decision.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“After reviewing the record and applicable case law, we find that the trial court did not err in denying appellant’s requested special jury instruction on the definition of “sudden passion.””
Establishes the court's finding regarding the jury instruction.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe appellant was convicted of first-degree murder and attempted first-degree murder. He appealed, arguing the trial court erred in denying a special …
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 Victim Injury Scoring cases and more on FLexlaw
SANDERLIN, Judge.
Appellant challenges his convictions and sentences for first degree murder and attempted first degree murder. After reviewing the record and applicable case law, we find that the trial court did not err in denying appellant’s requested special jury instruction on the definition of “sudden passion.” See, e.g., Perkins v. State, 463 So. 2d 481 (Fla. 2d DCA 1985). We further find that there are sufficient facts in the record to support the trial court’s denial of appellant’s motion for directed verdict. See, e.g., Prather v. State, 182 So. 2d 273 (Fla. 2d DCA 1966). Accordingly, we affirm appellant’s convictions.
We do, however, find error in appellant’s sentence for attempted first degree murder.
The trial court incorrectly included 136 points on the guidelines score-sheet for appellant’s first degree murder conviction, a capital felony, as an additional offense at conviction. See Leopard v. State, 491 So. 2d 1284 (Fla. 1st DCA 1986); Coleman v. State, 483 So. 2d 539 (Fla. 2d DCA 1986).
For the same reason, the trial court incorrectly included 21 points for victim injury involved in the first degree murder conviction. Because victim injury is not an element of attempted first degree murder, see §§ 782.04(1) and 777.04. Fla. Stat. (1985), the trial court additionally erred in including 21 points for victim injury in that offense. Fla.R.Crim.P. 3.701(d)7; Toney v. State, 456 So. 2d 559 (Fla. 2d DCA 1984).
Although we find that none of the above items may be scored in reaching appellant’s presumptive sentence, we note that at least one of the items has been held to be a valid reason for departure. See, e.g., Leopard, 491 So. 2d at 1286 (unscored first degree murder properly considered in determining whether to depart from guidelines).
Accordingly, we affirm appellant’s convictions for both crimes and his sentence for first degree murder, but reverse his sentence for attempted first degree murder and remand for resentencing within the guidelines unless the trial court finds that departure is appropriate.
GRIMES, A.C.J., and FRANK, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Fennell v. State, 544 So. 2d 1017 (Fla. 1989)…KOGAN, Justice. We have for review Fennell v. State, 528 So. 2d 1212 (Fla. 4th DCA 1988), certified to be in conflict with Smith v. State, 501 So. 2d 139 (Fla. 2d DCA 1987). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. On November 18, 1986, the petitioner, Robert Fennell, was charged by information with two counts of attempted first-degree murder by stabbing, two counts of aggravated battery…1 / 2
-
Seccia v. State, 786 So. 2d 12 (Fla. 1st DCA 2001)…rom capital felonies could not be scored because capital felonies were explicitly exempted from the sentencing guidelines, and could not be scored as an offense at conviction. Torres-Arboledo v. State, 524 So. 2d 403, 414 (Fla.1988); Smith v. State, 501 So. 2d 139 (Fla. 2d DCA 1987). See also § 921.001(4)(a), Fla.Stat. (Supp.1984). In 1987, rule 3.701(d)(7) was amended to provide that “[v]ietim injury shall be scored for each victim physically injured during a criminal episode or transaction.” Florida Rules…1 / 2
-
Fennell v. State, 528 So. 2d 1212 (Fla. 4th DCA 1988)…perly scored if it was an element of the offense.1 See Fla.R. Crim.P. 3.701(d)(7); Massard v. State, 501 So. 2d 1289 (Fla. 4th DCA 1986), rev. dismissed, 504 So. 2d 403 (Fla.1987); Clifford v. State, 518 So. 2d 983 (Fla.2d DCA 1988); Smith v. State, 501 So. 2d 139 (Fla.2d DCA 1987); Wright v. State, 487 So. 2d 1176 (Fla. 1st DCA 1986). See also Mathis v. [*1213] State, 515 So. 2d 214 (Fla.1987); State v. Whitfield, 487 So. 2d 1045 (Fla.1986). However, victim injury may be included in computing the sentencing…1 / 2
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
- Toney v. State, 456 So. 2d 559 (Fla. 2d DCA 1984)
- Leopard v. State, 491 So. 2d 1284 (Fla. 1st DCA 1986)
- Coleman v. State, 483 So. 2d 539 (Fla. 2d DCA 1986)
- Wright v. State, 182 So. 2d 273 (Fla. 3d DCA 1966)
- Prather v. State, 182 So. 2d 273 (Fla. 2d DCA 1966)
- Dorman E. Perkins v. State, 463 So. 2d 481 (Fla. 2d DCA 1985)