FERNANDO F. ALEMAN, 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.
Defendant's conviction for sexual battery and burglary affirmed, but sentence reversed because trial court erroneously scored a prior Texas burglary conviction as a first-degree felony when it should have been scored as a second-degree felony under Florida law.
A prior out-of-state conviction must be scored according to its Florida statutory parallel, not enhanced based on dismissed charges from the original prosecution.
[1] A prior out-of-state felony conviction must be scored on a sentencing guidelines scoresheet according to its Florida statutory parallel, not enhanced by factual circumsta…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceAleman was convicted of sexual battery and burglary of a dwelling. He had a prior Texas conviction for burglary of a habitation, which parallels Flori…
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 Felony Degree Classification cases and more on FLexlaw
FRANK, Acting Chief Judge.
Aleman, who was convicted of and sentenced for sexual battery and burglary of a dwelling, presents two issues on appeal. The first, that he was incompetent to be sentenced, is without merit. The second, that the judge erroneously scored his prior record, requires reversal of his sentence.
Aleman had been convicted in Texas of burglary of a habitation, a first degree felony under that state’s law. The parallel Florida Statute — burglary of a dwelling — is a second degree felony. Hence, the prior conviction should have been entered as a second degree felony on the scoresheet. Rule 3.701(d)(5), Fla.R.Crim.P. The trial court, however, erroneously imported some factual considerations into the conviction, i.e., that the victim had been kidnapped, the basis for which was a count of the Texas indictment that had been dismissed. Thus he scored the burglary conviction as a first degree felony, which was patent error because the charge which might have elevated the felony from second to first degree in Florida had been dismissed.
Accordingly, we affirm the defendant’s conviction but reverse the sentence and remand for resentencing under a properly prepared guidelines scoresheet.
THREADGILL and PARKER, JJ., concur.