MICHAEL D. JONES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
MICHAEL D. JONES, APPELLANT,
STATE OF FLORIDA, APPELLEE
520 So. 2d 672
Florida District Court of Appeal, Fifth District (1988)
Positive Treatment
Cited by 6 cases
Opinion of the Court
SHARP, Chief Judge.
We vacate Jones’ sentence and remand for resentencing because the trial court improperly included 14 points on the score-sheet for “legal constraint” under the guidelines, which increased his presumptive guidelines sentence by one cell. Being on bond for one offense at the time the second offense was committed does not constitute “legal constraint” under Florida Rule of Criminal Procedure 3.701.d.6. See Jaggers v. State, 509 So. 2d 1165 (Fla. 1st DCA 1987); Mize v. State, 495 So. 2d 845 (Fla. 3d DCA 1986).
VACATE SENTENCE; REMAND.
ORFINGER and COWART, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Carmine Annunziata v. State, 697 So. 2d 997 (Fla. 5th DCA 1997)…hey were released on bond when they committed their offenses. Browning v. State, 625 So. 2d 960, 961 (Fla. 5th DCA 1993); Fox v. State, 608 So. 2d 132, 132 (Fla. 3d DCA 1992); Mosley v. State, 543 So. 2d 340, 340 (Fla. 1st DCA 1989); Jones v. State, 520 So. 2d 672, 673 (Fla. 5th DCA 1988); Mize v. State, 495 So. 2d 845, 846 (Fla. 3d DCA 1986). Generally, the definition of “legal status” under construction in those cases read as follows: Offenders on parole, probation, or community control; offenders in custo…
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Browning v. State, 625 So. 2d 960 (Fla. 5th DCA 1993)…1 So. 2d 648 (Fla. 2d DCA 1991). Nor, upon remand, can the defendant’s bond status be used and scored as prior legal constraint. This is strictly prohibited by a criminal rule of procedure and case law. See Fla.R.Crim.P. 3.701(d)(6); Jones v. State, 520 So. 2d 672 (Fla. 5th DCA 1988). Since all the written reasons given by the court are invalid, the sentences of Browning are quashed and the case remanded for re-sentencing within the presumptive guideline sentence. At the resentencing, the trial court may not…
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Mangle Mosley v. State, 543 So. 2d 340 (Fla. 1st DCA 1989)…e. It was indicated that the bond was subsequently forfeited, but the record does not show when or for what reason it was forfeited. Pretrial bail-bond release does not constitute “legal constraint” under Fla.R.Crim.P. 3.701 d.6. See Jones v. State, 520 So. 2d 672 (Fla. 5th DCA 1988); Mize v. State, 495 So. 2d 845 (Fla. 3d DCA 1986); see also, Jaggers v. State, 509 So. 2d 1165 (Fla. 1st DCA 1987), aff'd, 526 So. 2d 682 (Fla.1988). The points assessed for legal constraint altered appellant’s recommended sent…
Authorities Cited
- Jaggers v. State, 509 So. 2d 1165 (Fla. 1st DCA 1987)
- Stooksbury v. State, 495 So. 2d 845 (Fla. 3d DCA 1986)
- Mize v. State, 495 So. 2d 845 (Fla. 3d DCA 1986)