JOHN WILLIAM LAPE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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John Lape appeals his sentence imposed after convictions for resisting an officer with violence, fleeing or attempting to elude an officer, and aggravated assault. The court reverses and remands for resentencing because the trial court improperly applied sentencing guidelines with an effective date after Lape committed one of the offenses.
The court held that the permitted ranges cannot be applied to offenses occurring before the amendment's effective date. Because all pending convictions must be considered together when applying sentencing guidelines, the entire sentence and probationary terms are reversed and remanded for resentencing.
[1] A sentencing amendment authorizing expansive "permitted ranges" cannot be applied to an offense that occurred before the amendment's effective date.
[2] When multiple convictions are pending before the court, all convictions must be considered together when applying sentencing guidelines.
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“Lape correctly notes that the permitted ranges were not in effect at the time he committed the offense of resisting an officer with violence, and therefore the 372 year sentence based on the permitted range was improper.”
Establishes the core legal error: applying a guideline amendment with a later effective date to a pre-amendment offense
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceLape was convicted of resisting an officer with violence (committed September 25, 1987), aggravated assault (committed August 8, 1989), and fleeing or…
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PER CURIAM.
John Lape appeals the sentence imposed following his convictions for resisting an officer with violence,1 fleeing or attempting to elude an officer,2 and aggravated assault.3 We reverse and remand for resentencing.
Lape’s sentencing guideline scoresheet reflected a recommended range of either community control or 12-30 months incarceration. His “permitted range” included any nonstate prison sanction, community control, or l-3y2 years incarceration. See Fla.R.Crim.P. 3.988(d). Upon conviction, Lape was sentenced to 3V2 years incarceration for resisting an officer, 5 years proba tion for aggravated assault, and one year of probation for fleeing from an officer. Although Lape committed the offense of resisting an officer on September 25, 1987, he did not commit the aggravated assault offense and fleeing or attempting to elude an officer until August 8, 1989. The amendment to the sentencing guidelines authorizing the expansive “permitted ranges” became effective July 1, 1988. See Ch. 88-131, § 1, Laws of Fla.; In re Sentencing Guidelines, 522 So. 2d 374 (Fla.1988). Lape correctly notes that the permitted ranges were not in effect at the time he committed the offense of resisting an officer with violence, and therefore the 372 year sentence based on the permitted range was improper. See Washington v. State, 564 So. 2d 168 (Fla. 5th DCA 1990) (permitted range cannot be applied to an offense occurring before effective date of amendment); Wiggins v. State, 559 So. 2d 262 (Fla. 5th DCA 1990).
Because all convictions pending before the court should be considered together when applying the sentencing guidelines, the sentence and both probationary terms are reversed and the case remanded to the trial court for resentencing. We note that on remand the trial court may correct the sentencing error and obtain the same result by imposing a 372 year sentence for the aggravated assault, since this offense was committed after the amendment’s effective date, and imposing a five year term of probation for resisting an officer. SENTENCES VACATED; REMANDED FOR RESENTENCING.
DAUKSCH, W. SHARP and GOSHORN, JJ., concur. . Section 843.01 Fla.Stat. (1989).
. Section 316.1935(1) Fla.Stat. (1989).
.Section 784.021(1)(a) Fla.Stat. (1989).
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Citator
Authorities Cited
- Cauthen v. State, 522 So. 2d 374 (Fla. 1988)
- Washington v. State, 564 So. 2d 168 (Fla. 5th DCA 1990)
- Wiggins v. State, 559 So. 2d 262 (Fla. 5th DCA 1990)