EMANUEL JACKSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Emanuel Jackson was convicted of first-degree murder and attempted robbery with a firearm. The appellate court affirmed his murder conviction but reversed his attempted robbery sentence, finding the trial court failed to apply mandatory sentencing guidelines and improperly imposed a drug trafficking minimum unrelated to his charges.
The court held that sentencing guidelines were mandatory for the noncapital attempted robbery conviction and the trial court erred in failing to use a scoresheet. Additionally, the twenty-five year minimum for drug trafficking was improper; the court interpreted this as a scrivener's error representing the no-parole eligibility period under section 775.082(1) for the murder conviction.
[1] Sentencing guidelines apply to all non-capital felonies committed after October 1, 1983.
[2] A trial court must prepare a sentencing guidelines score-sheet for non-capital felonies.
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“Section 921.001(4)(a), Florida Statutes (1985), requires all noncapital felonies committed after October 1, 1983, be adjudicated under the sentencing guidelines.”
Establishes mandatory requirement for sentencing guidelines application to the attempted robbery conviction
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Join FLexlaw to unlock all legal intelligenceJackson was convicted of first-degree murder and attempted robbery with a firearm on January 7, 1986. He was sentenced to life imprisonment for the mu…
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RYDER, Acting Chief Judge.
Appellant was convicted of first degree murder and attempted robbery with a firearm. Appellant was sentenced to life imprisonment for the first degree murder and to a concurrent term of fifteen year’s imprisonment for the attempted robbery with a firearm. Appellant’s sentence for his first degree murder conviction included a twenty-five year mandatory minimum for drug trafficking under section 893.135, Florida Statutes (1985).
Appellant raises four points on appeal. We find merit in only two.
Appellant contends that the trial court erred in sentencing him to fifteen years for attempted robbery with a firearm without preparing a sentencing guidelines score-sheet. We agree. “Section 921.001(4)(a), Florida Statutes (1985), requires all noncap-ital felonies committed after October 1, 1983, be adjudicated under the sentencing guidelines.” Coleman v. State, 483 So. 2d 539, 540 (Fla. 2d DCA 1986). While the sentencing guidelines are not applicable to appellant’s first degree murder conviction because it is a capital felony, they are applicable to appellant’s noncapital conviction for attempted robbery with a firearm which occurred January 7, 1986. The trial court should have used a sentencing guidelines scoresheet to sentence appellant for his conviction for attempted robbery with a firearm. Thus, we must reverse appellant’s sentence on the attempted robbery with a firearm. We remand the cause to the trial court for resentencing in accordance with the sentencing guidelines.
Appellant also contends that the trial court erred in imposing a twenty-five year mandatory minimum sentence for drug trafficking when appellant was not charged with drug trafficking. Appellant’s sentence for the first degree murder conviction apparently contains a scrivener’s error. Clearly, the court intended to sentence appellant to life imprisonment for the first degree murder conviction with no eligibility for parole for twenty-five years pursuant to section 775.082(1), Florida Statutes (1985). We must remand the cause to the trial court for correction of appellant’s sentence.
Affirmed in part; reversed in part for proceedings consistent with this opinion.
DANAHY and THREADGILL, JJ., concur.
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Citator
Cited By
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Greene v. State, 544 So. 2d 349 (Fla. 5th DCA 1989)…ery on a child and multiple counts of lewd and lascivious assault on a child. The sentencing judge erred by refusing to order a guidelines scoresheet on the non-capital counts, Disinger v. State, 526 So. 2d 213 (Fla. 5th DCA 1988); Jackson v. State, 528 So. 2d 1306 (Fla. 2d DCA 1988), and in assessing costs and fees without proper notice and an opportunity to be heard. Harriet v. State, 520 So. 2d 271 (Fla.1988). The sentences on the non-capital counts are vacated and this cause remanded for proper resentencin…
Authorities Cited
- Coleman v. State, 483 So. 2d 539 (Fla. 2d DCA 1986)