RICHARD DIAL THORP, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A prior federal conviction obtained subsequent to the commission of the state offense, but prior to sentencing, may be factored into the guideline scoresheet.
The trial judge factored a prior federal conviction into the guideline scoresheet. This conviction occurred subsequent to the commission of the state …
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LETTS, Judge.
At sentencing, the trial judge factored a prior federal conviction into the guideline scoresheet even though that conviction was obtained subsequent to the commission of the state offense which is the subject of this appeal. We affirm.
There is conflict among our sister courts as to whether a conviction occurring between the subject offense and sentencing for that offense, for a crime committed prior to the subject offense, may be scored. For example, the First District is of the opinion that, for purposes of scoring, “Florida Rule of Criminal Procedure 3.701(d)(5)(a) prohibits consideration of past criminal conduct for which convictions were not obtained prior to the commission of the primary offense.” Hunt v. State, 468 So. 2d 1100, 1101 (Fla. 1st DCA 1985). However, the Second District has come to precisely the opposite conclusion. Falzone v. State, 496 So. 2d 894 (Fla. 2d DCA 1986).
The question as to which of these two conflicting views we might prefer has been answered. Our own court has recently aligned itself with Falzone in Brown v. State, 529 So. 2d 1247 (Fla. 4th DCA 1988). We, therefore, affirm.
AFFIRMED.
DELL and GUNTHER, JJ., concur.
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Thorp v. State, 555 So. 2d 362 (Fla. 1990)…PER CURIAM. We have for review Thorp v. State, 537 So. 2d 205 (Fla. 4th DCA 1989), based on conflict with Pugh v. State, 499 So. 2d 54 (Fla. 1st DCA 1986), and Hunt v. State, 468 So. 2d 1100 (Fla. 1st DCA 1985). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. [*363] Thorp first committed a federal crime.…
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Morales v. State, 842 So. 2d 909 (Fla. 3d DCA 2003)…additional offense in the guideline scoresheet was error. This issue, however, has already been decided by Morales v. State, 613 So. 2d 922, 923 n. 1 (Fla. 3d DCA 1993). See also Rodriguez v. State, 589 So. 2d 439 (Fla. 3d DCA 1991); Thorp v. State, 537 So. 2d 205 (Fla. 4th DCA 1989). Morales next argues that his life sentence should be reduced to a thirty year maximum sentence. However, burglary with an assault is a first degree felony which can be punishable by life imprisonment. See Fla. Stat. § 810.02(2…
Authorities Cited
- Hunt v. State, 468 So. 2d 1100 (Fla. 1st DCA 1985)
- Falzone v. State, 496 So. 2d 894 (Fla. 2d DCA 1986)
- Brown v. State, 529 So. 2d 1247 (Fla. 4th DCA 1988)