MICHAEL SAINT, APPELLANT,
v.
THE 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.
Michael Saint appeals his sentence following guilty and nolo contendere pleas to sexual battery offenses against a child. The court reversed and remanded after the State conceded that the trial court improperly calculated the sentencing guidelines scoresheet and imposed a sentence exceeding the statutory maximum.
The trial court erred in scoring attempted sexual battery as a life felony when it is a first degree felony, and the sentence of 20 years imprisonment plus life probation exceeded the 30-year statutory maximum for a first degree felony without written findings justifying departure from the guidelines.
[1] An attempt to commit a capital felony is a first-degree felony.
[2] The statutory maximum sentence for a first-degree felony is thirty years imprisonment.
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“Section 777.04(4)(a), Florida Statutes (1989), provides that an attempt to commit a capital felony is a felony of the first degree. Appellant pled guilty to attempted sexual battery on a child, a first degree felony, not a life felony as computed in the guidelines scoresheet.”
Establishes the legal classification of the offense and the trial court's error in scoring it as a life felony.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceSaint pled guilty to attempted sexual battery on a child (a first degree felony) and nolo contendere to committing a lewd and lascivious act upon a ch…
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 First Degree Felony cases and more on FLexlaw
PER CURIAM.
Appellant, Michael Saint, appeals his sentence following pleas of guilty and nolo contendere. We reverse and remand.
Appellant pled guilty to a lesser charge of attempted sexual battery on a child, and nolo contendere to committing a lewd and lascivious act upon a child. In exchange for these pleas, the State entered a nolle prosequi to the original charge of sexual battery on a child.
Appellant contends that the trial court incorrectly calculated appellant’s sentencing guidelines scoresheet by scoring the attempted sexual battery as a life felony, rather than a first degree felony. Appellant also contends that the trial court erred by sentencing appellant to a term in excess of the statutory maximum sentence of thirty years for the offense of attempted sexual battery on a child. Appellee, State, concedes error on both issues.
Section 794.011(2), Florida Statutes (1989), provides that the commission of a sexual battery by a person over 18 years upon a child under 12 years, the crime with which appellant was originally charged, constitutes a capital felony. Section 777.-04(4)(a), Florida Statutes (1989), provides that an attempt to commit a capital felony is a felony of the first degree. Appellant pled guilty to attempted sexual battery on a child, a first degree felony, not a life felony as computed in the guidelines score-sheet.
Section 775.082(3)(b), Florida Statutes (1989), states that the maximum punishment for a first degree felony is thirty years in prison. Here, appellant was sentenced to 20 years in prison followed by life probation. Although a split sentence of state prison and probation is permissible, the total sanction cannot exceed the maximum term provided by the statute. R. 3.701(d)(12), Fla.R.Crim.P. The State correctly concedes that appellant was improperly sentenced to a term outside the guidelines without written findings to justify the departure. See Padgett v. State, 534 So. 2d 1246 (Fla. 3d DCA 1988). Accordingly, we reverse appellant’s sentence and remand for sentencing within the guidelines. See Pope v. State, 561 So. 2d 554 (Fla.1990).
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Pope v. State, 561 So. 2d 554 (Fla. 1990)
- Padgett v. State, 534 So. 2d 1246 (Fla. 3d DCA 1988)
- Noda v. State, 534 So. 2d 1246 (Fla. 3d DCA 1988)