DAVID A. BUTLER, 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.
Butler appeals his nine-year robbery sentence, challenging the inclusion of seventeen points for 'legal constraint' on his sentencing guidelines scoresheet based on his juvenile furlough status at the time of the offense. The court affirmed the sentencing, holding that a juvenile furlough constitutes 'legal constraint' under the sentencing rules.
The court held that a juvenile furlough constitutes 'legal constraint' under the applicable sentencing guidelines rule, which does not distinguish between adult community control and juvenile community control programs. Points for legal constraint are properly added when a defendant was under community control at the time of the offense.
[1] A juvenile furlough, which involves release from a treatment program to community supervision under a conditional agreement, constitutes "legal constraint" for sentencing…
[2] Sentencing guidelines points for "legal constraint" apply when a defendant, at the time of the offense, was on community control, without distinction between adult and ju…
Previewing 2 of 4 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“Under the applicable rule points shall be added whenever the defendant, at the time of the offense before the court for sentencing, was on community control.”
Establishes the controlling legal standard for when legal constraint points must be added to sentencing guidelines.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceIn 1983, Butler, a juvenile, was found to have committed aggravated assault and placed on community control. In 1984, after an apparent violation, he …
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 Sentencing Guidelines Scoresheet cases and more on FLexlaw
PER CURIAM.
David Butler appeals his nine-year sentence for robbery. The sole question presented is whether the trial court erred in including seventeen points for “legal constraint” on Butler’s sentencing guidelines scoresheet. See Fla.R.Crim.P. 3.701(d)(6); 3.988(c)(IV).
Deletion of the contested points would result in a reduction of the sentence. In 1983 Butler, then a juvenile, was found to have committed an aggravated assault and was placed on community control under the supervision of the Department of Health and Rehabilitative Services. See § 39.11, Fla.Stat. (1987).
In 1984, apparently after a violation, he was committed to San Antonio Boys’ Village, a residential facility. Three months later Butler was “laterally transferred” to a second program in St. Petersburg, one which permitted him to reside with his mother. Butler next was “furloughed,” a procedure which was described as “pretty much like community control.” In connection with this final transfer Butler signed a document in which he acknowledged that supervision by a counselor would continue and agreed to certain other conditions including adherence to the law. He remained “under the custody of” the Department and, in 1985, committed the robbery for which he received the sentence now under review.
Butler argues that a juvenile furlough is not “legal constraint” as that term is utilized in the sentencing guidelines.
We disagree. Under the applicable rule points shall be added whenever the defendant, at the time of the offense before the court for sentencing, was on community control. Fla.R.Crim.P. 3.701(d)(6).
The rule does not distinguish between the adult sanction known as community control, as defined in section 948.001, Florida Statutes (1987), and community control programs applicable to juveniles. See Espinosa v. State, 496 So. 2d 236, 237 n. 1 (Fla. 3d DCA 1986).
Testimony that a furlough is basically the same as community control is consistent with Rule 10H-1.003, Florida Administrative Code, which defines a furlough as “release of a child, pursuant to an executed conditional agreement, from a treatment program of the Department to supervision in the community.” See also, Rule 10H-9.-003, F.A.C.
Butler relies primarily upon Hannah v. State, 480 So. 2d 718 (Fla. 4th DCA 1986), which, under similar circumstances, struck the inclusion of points for legal constraint. Although Hannah, like the present case, involved a defendant on juvenile furlough, we believe a crucial (and distinguishing) factor was the placement of Hannah, an absconder, on “inactive status.” Apparently no definition of the term “inactive” ever was provided for the trial or appellate court. Such an omission does not arise in the present case.
Affirmed.
CAMPBELL, C.J., and SCHEB and THREADGILL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
State v. Ellison, 561 So. 2d 576 (Fla. 1990)…PER CURIAM. We have for review Ellison v. State, 547 So. 2d 1003 (Fla. 1st DCA 1989), due to certified conflict with Butler v. State, 543 So. 2d 432 (Fla. 2d DCA 1989). We grant review pursuant to article V, section 3(b)(4) of the Florida Constitution. We quash in part the decision of the district court below. In May 1988, a gray Grand Am automobile was stolen from a Jacksonville mall. The foll…
-
Ellison v. State, 547 So. 2d 1003 (Fla. 1st DCA 1989)…tencing. Pursuant to Rule 9.030(a)(2)(A)(iv), Florida Rules of Appellate Procedure, we certify that this decision expressly and directly conflicts with a decision of another district court of appeal on the same question of law. See Butler v. State, 543 So. 2d 432 (Fla. 2d DCA 1989). Reversed and remanded with directions. SHIVERS, C.J., and ERVIN, J., concur.…
-
State v. Young, 561 So. 2d 583 (Fla. 1990)…McDonald, justice. We review Young v. State, 549 So. 2d 819 (Fla. 1st DCA 1989), to resolve conflict with Butler v. State, 543 So. 2d 432 (Fla. 2d DCA 1989). We have jurisdiction pursuant to article V, section 3(b)(3), Florida Constitution. The issue is whether a person’s juvenile aftercare postcommitment program constitutes a legal restraint for assessing points under the sentencing…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- F.Y. Scutti v. Daniel E. Adache & Assocs. Architects, P.A., 480 So. 2d 718 (Fla. 4th DCA 1986)
- Yarberry v. State, 496 So. 2d 236 (Fla. 1st DCA 1986)
- Espinosa v. State, 496 So. 2d 236 (Fla. 3d DCA 1986)