DONALD L. RICHARDS, A/K/A WILLIAM L. MCGRAW, 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.
Donald Richards was sentenced in three separate criminal cases by two different judges without consolidating the cases onto a single sentencing scoresheet as required by Florida procedure. The court held that trial courts must prepare one scoresheet covering all of a defendant's offenses pending for sentencing in a county, and reversed and remanded for resentencing.
The trial court violated Florida Rule of Criminal Procedure 3.701(d)(1) by failing to consolidate the three cases onto a single scoresheet. The error requires reversal and remand for resentencing. Upon remand, the sentencing court must prepare a scoresheet as if all offenses were pending together and, if imposing sentences exceeding the guidelines, must provide clear and convincing written reasons for departure.
[1] A single guideline scoresheet must be prepared for each defendant covering all offenses pending before the court for sentencing.
[2] The sentencing court bears the responsibility for the accurate preparation of scoresheets, ensuring all pending cases in a county at the time of the first sentencing hear…
Previewing 2 of 4 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“one guideline scoresheet shall be prepared for each defendant covering all offenses pending before the court for sentencing”
The applicable rule requiring consolidation of all pending offenses onto a single scoresheet
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceRichards was charged with various offenses in three cases before the Lee County Circuit Court pending for sentencing. Judge Reese sentenced him on Oct…
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 Departure From Guidelines cases and more on FLexlaw
DANAHY, Chief Judge.
This case involves the same set of circumstances that was presented to this court in Boston v. State, 481 So. 2d 550 (Fla. 2d DCA 1986). The circumstances here occurred prior to our decision in Boston, however, and the trial judges did not have the benefit of that decision.
The appellant was charged with various offenses in three cases pending before two separate judges of the Circuit Court of Lee County. Two cases were before Judge Wallace Pack and the other was before Judge Thomas S. Reese. The cases were all pending for sentencing, but each judge sentenced separately.
On October 8, 1985, Judge Reese sentenced the appellant to three and one-half years for burglary of a dwelling and one year consecutive for grand theft, or a total of four and one-half years.
On November 4, 1985, Judge Pack sentenced the appellant in one case to five and one-half years for burglary and concurrent five-year terms for two grand theft counts. He sentenced the appellant in the other case to concurrent five-year terms for uttering a forgery and grand theft. The sentences in each case were made consecutive to the sentences in the other case. The appellant’s counsel brought to Judge Pack’s attention that Judge Reese had previously imposed sentences on the appellant and requested that Judge Pack order the sentences imposed by him to run concurrently to the sentences imposed by Judge Reese. Judge Pack declined to do so, with the result that the sentences imposed by him run consecutively to those imposed by Judge Reese.
Thus, the appellant was sentenced to a total of fifteen years imprisonment. He has not appealed the sentences imposed by Judge Reese, but has appealed the sentences imposed by Judge Pack.
In Boston, we pointed out that Florida Rule of Criminal Procedure 3.701(d)(1), states that “one guideline scoresheet shall be prepared for each defendant covering all offenses pending before the court for sentencing.” In Boston, as in this case, the defendant apparently made no motion to consolidate the cases for sentencing, but did raise the point before Judge Pack. We expressed our agreement with the rule that the sentencing court is responsible for the accurate preparation of scoresheets and the burden is upon the trial court to assure that all of a defendant’s cases pending for sentencing in a particular county at the time of the defendant’s first sentencing hearing are disposed of using one score-sheet.
In Boston, although we found error, we held it to be harmless. In the case now before us, we find the error requires reversal and remand for resentencing. The problem is how to undo the error. This is made difficult by the fact that the appellant has not appealed the sentences imposed by Judge Reese. The appellant indicates that he would be satisfied with a reversal and remand with instructions to Judge Pack that he order the sentences imposed by him to run concurrently with the sentences imposed by Judge Reese. The state, on the other hand, admits error under the decision in Boston but submits that rather than ordering Judge Pack to run his sentences concurrently with those of Judge Reese, Judge Pack should be permitted to determine whether concurrent or consecutive sentences are appropriate, and if Judge Pack orders the sentences to run consecutively, to give written reasons for his departure from the guidelines.
We prefer a third alternative. We reverse and remand with instructions that Judge Pack impose sentences based on a scoresheet prepared as if all offenses, both those involved in the case before Judge Reese and those involved in the cases before Judge Pack, were pending for sentence. To the extent that Judge Pack imposes a sentence exceeding the guidelines recommendation, taking into consideration the sentences imposed by Judge Reese, he must support the departure with clear and convincing reasons expressed in writing. State v. Mischler, 488 So. 2d 523 (Fla.1986); State v. Jackson, 478 So. 2d 1054 (Fla.1985).
Reversed and remanded with directions.
SCHEB, J., and BOARDMAN, EDWARD F., (Ret.) J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
State v. Paul, 537 So. 2d 702 (Fla. 4th DCA 1989)…not have an accurate scoresheet before it or does not approve the scoresheet, prior to rendering sentence, reversal for resentencing based on an accurate and approved guidelines scoresheet is warranted. Fla.R.Crim.P. 3.701(d)(1); Richards v. State, 502 So. 2d 1000 (Fla. 2d DCA 1987); Parker v. State, 506 So. 2d 86 (Fla. 2d DCA 1987); Jaggers v. State, 492 So. 2d 418 (Fla. 1st DCA 1986). The parties’ dispute over the accuracy of the guidelines scoresheet, the absence of proof as to its accuracy, and the fact t…
Authorities Cited
- State v. Jackson, 478 So. 2d 1054 (Fla. 1985)
- State v. Mischler, 488 So. 2d 523 (Fla. 1986)
- Boston v. State, 481 So. 2d 550 (Fla. 2d DCA 1986)