RALPH WILLIAMS, JR., APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1989-01-20

No. 87-1065

RYDER, A.C.J., and FRANK and ALTENBERND, JJ., concur.

537 So. 2d 195 Florida District Court of Appeal, Second District (1989) Positive Treatment

Cited by 4 cases

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.

Holding

The court held that while convictions are affirmed, resentencing is required due to miscalculations on the sentencing guidelines scoresheet.

Facts & Procedural History

Defendant was convicted of attempted first-degree murder, attempted armed robbery, and grand theft. The sentencing guidelines scoresheet contained two…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

Topics

Felony Degree Classification Victim Injury Points Elements Of An Offense Sentencing Guidelines Scoresheet

Explore caselaw by topic → Browse Felony Degree Classification cases and more on FLexlaw

Opinion of the Court

PER CURIAM.

We affirm Williams’ convictions for attempted first degree murder, attempted armed robbery, and grand theft. However, Williams’ sentencing guidelines scoresheet reflects two separate miscalculations which require us to remand for resentencing.

First, Williams’ conviction for attempted armed robbery was erroneously scored as a first degree felony, when in fact the offense is a second degree felony. Lee v. State, 400 So. 2d 1238 (Fla. 1st DCA 1981). Standing alone this error would not materially contribute to the guideline recommendation of twenty-two years, which sentence Williams received. However, imposition of a separate twenty-two year sentence for this count, concurrent with the same sentence for attempted murder, does exceed the statutory maximum and so would under any circumstances require correction of the judgment and sentence.

Additionally, the trial court erred in awarding twenty-one points for victim injury. Fla.R.Crim.P. 3.701(d)(7). When considered in conjunction with the foregoing, this error enhances the presumptive sentence by one cell. Under the version of Rule 3.701(d)(7) in effect at the time Williams’ offenses were committed, victim injury could be scored only if it were an element of one of those offenses. The Florida Bar Re: Rules of Criminal Procedure (Sentencing Guidelines, 3.701, 3.988), 482 So. 2d 311 (Fla.1985). Victim injury is not an element of the offense of robbery; Toney v. State, 456 So. 2d 559 (Fla. 2d DCA 1984); nor, unless specifically pled in the charging instrument, of attempted murder. Fennell v. State, 528 So. 2d 1212 (Fla. 4th DCA 1988); Smith v. State, 501 So. 2d 139 (Fla. 2d DCA 1987). Accordingly, Williams must be resentenced utilizing a corrected scoresheet.

Affirmed in part, reversed in part, and remanded with directions.

RYDER, A.C.J., and FRANK and ALTENBERND, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

Tannihill v. State, 559 So. 2d 608 (Fla. 4th DCA 1990)

…state concedes that the latter controls. Gonzales v. State, 488 So. 2d 610 (Fla. 4th DCA 1986). The judgment and sentence must be corrected. 2. The state also concedes that attempted armed robbery is only a second degree felony. Williams v. State, 537 So. 2d 195 (Fla. 2d DCA 1989). Accordingly, the maximum period of imprisonment is fifteen years. This cause is, therefore, AFFIRMED IN PART; REVERSED IN PART; AND REMANDED FOR FURTHER PROCEEDINGS IN ACCORDANCE HEREWITH.…
Nelson v. State, 575 So. 2d 754 (Fla. 3d DCA 1991)

…ith a firearm, §§ 812.13(2); 777.04(4)(a), Fla.Stat. (1989), finding the claims raised are without merit. However, we vacate the defendant’s sentence since his conviction was impermissi-bly enhanced to a first-degree felony. See Williams v. State, 537 So. 2d 195 (Fla.2d DCA 1989); Lee v. State, 400 So. 2d 1238 (Fla. 1st DCA 1981); § 775.087, Fla.Stat. (1989). Upon remand, defendant’s offense shall be scored as a second-degree felony for purposes of resentencing. Conviction affirmed; sentence vacated, and…

Authorities Cited

The Fla. Bar re: Rules of Crim. Procedure (sentencing Guidelines, 482 So. 2d 311 (Fla. 1985)
Toney v. State, 456 So. 2d 559 (Fla. 2d DCA 1984)
LEE v. State, 400 So. 2d 1238 (Fla. 1st DCA 1981)
Smith v. State, 501 So. 2d 139 (Fla. 2d DCA 1987)
Fennell v. State, 528 So. 2d 1212 (Fla. 4th DCA 1988)

Full citator, related cases, and AI research tools

Open in FLexlaw