JAMES PATTERSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the sentences must be vacated because no sentencing guidelines scoresheet was prepared or considered by the trial court.
The appellant was sentenced for second-degree murder and aggravated assault without indication that a sentencing guidelines scoresheet was prepared or…
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CAMPBELL, Acting Chief Judge.
Appellant, James Patterson, appeals his sentence. The trial court sentenced him to serve fifty years for second-degree murder, a concurrent term of ten years for aggravated assault and a three-year minimum mandatory sentence for each count.
The state concedes that there is no indication that a scoresheet was prepared. Neither is there any indication that the court knew what the correct presumptive sentence was. Davis v. State, 461 So. 2d 1361 (Fla. 2d DCA 1985). We, therefore, vacate appellant's sentences and remand for resentencing with directions that a sentencing guidelines scoresheet be prepared and considered by the trial court before the imposition of a sentence.
We would also note that any departure would have to be supported by clear and convincing reasons contained in separate written findings. Pentaude v. State, 500 So. 2d 526 (Fla.1987); State v. Mischler, 488 So. 2d 523 (Fla.1986). While the habitual offender status is no longer a proper reason to depart from the guidelines and its use to enhance the statutory maximum sentence is questionable (see opinion, Florida Rules of Criminal Procedure Re: Sentencing Guidelines, 506 So. 2d 392 (Fla. 1987) (Grimes, J., concurring); Whitehead v. State, 498 So. 2d 863 (Fla.1986)), appellant’s use of a firearm may be used to enhance the statutory maximum punishment allowed under sections 775.084 and 775.087, Florida Statutes (1985). Myers v. State, 499 So. 2d 895 (Fla. 1st DCA 1986).
SANDERLIN and THREADGILL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Hoefert v. State, 509 So. 2d 1090 (Fla. 2d DCA 1987)…d was again answered in the affirmative and certified to our supreme court in Winters v. State, 500 So. 2d 303 (Fla. 1st DCA 1986). We have also expressed concern over Whitehead’s application to the limited issue stated above in Patterson v. State, 506 So. 2d 1143 (Fla. 2d DCA 1987) and Rasul v. State, 506 So. 2d 1075 (Fla. 2d DCA 1987). However, in neither Patterson nor Rasul were we required to address the issue to decide those cases. Now that we are faced squarely with the issue, we have concluded, after c…
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Patterson v. State, 549 So. 2d 245 (Fla. 2d DCA 1989)…e year minimum mandatory sentences were also imposed. On appeal the state conceded that the appellate record did not reflect that a guidelines scoresheet had been prepared. We, accordingly, reversed and remanded for resentencing. Patterson v. State, 506 So. 2d 1143 (Fla. 2d DCA 1987). On remand, a guidelines scoresheet indicating a sentencing range of between twenty-two and twenty-seven years with a recommended sentence of twenty-five years was produced and utilized by the trial court. This scoresheet was ev…
Authorities Cited
- Whitehead v. State, 498 So. 2d 863 (Fla. 1986)
- State v. Mischler, 488 So. 2d 523 (Fla. 1986)
- State v. Pentaude, 500 So. 2d 526 (Fla. 1987)
- Davis v. State, 461 So. 2d 1361 (Fla. 2d DCA 1985)
- Myers v. State, 499 So. 2d 895 (Fla. 1st DCA 1986)
- Hezekiah v. State, 506 So. 2d 392 (Fla. 1987)