EDWARD J. ANDERSON, 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.
The court held that the trial court erred in sentencing by using a capital offense as the primary offense on the guideline scoresheet for indecent assault convictions, and that the defendant should have been permitted to elect guideline sentencing for those charges.
Appellant was convicted of sexual battery of a child and two counts of indecent assault. The trial court used the capital sexual offense as the primar…
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 Primary Offense Scoring cases and more on FLexlaw
PER CURIAM.
We affirm appellant’s convictions. However, we reverse his sentence on the indecent assault convictions, as the state concedes error in that appellant was not permitted to elect whether or not to be sentenced under the guidelines on these two charges. State v. Pentaude, 500 So. 2d 526 (Fla.1987).
Appellant was also convicted of, and sentenced for, the sexual battery of a child, and, being a capital offense, it is not subject to a guideline sentence. Section 921.-001(4)(a) Florida Statutes (1983); Disinger v. State, 526 So. 2d 213 (Fla. 5th DCA 1988). Nevertheless, on the guideline scoresheet for the two indecent assault convictions, the trial court used the capital sexual offense as the primary offense and scored it as a life felony, which was error. We therefore remand for resentencing on the indecent assault convictions. If a guideline sentence is elected, the score-sheet must be recalculated using the indecent assault as the primary offense at conviction. The trial court should sentence appellant in conformance with the guidelines or give a statement of written reasons for any departure sentence imposed.
Affirmed as to convictions and sentence on capital sexual battery; reversed for re-sentencing on the two counts of indecent assault.
DOWNEY and WARNER, JJ„ and WESSEL, JOHN D., Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Gray v. State, 640 So. 2d 186 (Fla. 1st DCA 1994)…llant asserts that the sentences for lewd assault are improper because the guidelines scoresheet lists the three capital sexual battery convictions as primary offenses. The state concedes that the scoresheets are wrongful based on Anderson v. State, 550 So. 2d 488 (Fla. 4th DCA 1989) (capital offenses cannot be scored under the guidelines); Torrres-Arboledo v. State, 524 So. 2d 403 (Fla.1988), cert. denied, 488 U.S. 901, 109 S.Ct. 250, 102 L.Ed.2d 239 (1988); Hansborough v. State, 509 So. 2d 1081 (Fla.1987).…
-
Huffman v. State, 611 So. 2d 2 (Fla. 2d DCA 1992)…rior offense is a 1972 conviction for rape, section 794.01, Florida Statutes (1971), for which Huffman received 264 points, corresponding to a life felony. Huffman contends that rape was a capital felony and therefore unscoreable. Anderson v. State, 550 So. 2d 488 (Fla. 4th DCA 1989). Technically Huffman may be correct. The state argues that rape, at least at the time Huffman was tried and sentenced, was no longer considered a “capital crime” regardless of the wording of section 794.01. This is because the d…
-
Rivas v. State, 554 So. 2d 636 (Fla. 4th DCA 1989)…the scoresheet was the capital sexual battery on a child. Because that crime is a capital offense, it is not subject to a guideline sentence and cannot be scored as the primary offense and a life felony on a guidelines scoresheet. Anderson v. State, 550 So. 2d 488 (Fla. 4th DCA 1989); Disinger v. State, 526 So. 2d 213 (Fla. 5th DCA 1988). Upon remand a new scoresheet should be prepared for sentencing on the indecent assault convictions. Affirmed in part; reversed in part and remanded. WALDEN, WARNER and P…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Pentaude, 500 So. 2d 526 (Fla. 1987)
- Disinger v. State, 526 So. 2d 213 (Fla. 5th DCA 1988)