TOMMY TERRY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Trial court properly denied defendant's motion to withdraw guilty plea, but scoresheet error in multiplying legal constraint points by number of offenses requires vacation of sentence and resentencing.
Legal status points on a guidelines scoresheet must be scored only once, not multiplied by the number of offenses committed while under legal constraint, and the sentence must be vacated for resentencing with a corrected scoresheet.
[1] Legal status points on a sentencing guidelines scoresheet must be scored only once and not multiplied by the number of offenses committed while under legal constraint, an…
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Join FLexlaw to unlock all legal intelligence“legal status points on a guidelines score-sheet should be scored only once and not multiplied by the number of offenses committed by the defendant while under legal constraint”
Supreme Court holding in Flowers v. State establishing the correct method for calculating legal constraint points on sentencing guidelines scoresheets.
Defendant Terry entered a guilty plea pursuant to a plea agreement and received a sentence of 8 years incarceration based on a guidelines scoresheet t…
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COWART, Judge.
The trial court did not abuse its discretion in denying the defendant’s motion to withdraw his guilty plea entered pursuant to a plea agreement and the defendant’s judgment of conviction is affirmed. However, the defendant’s guidelines sentence scoresheet shows that points for legal constraint were multiplied by the number of offenses committed while under legal constraint. This is error. In Flowers v. State, 586 So. 2d 1058 (Fla.1991), quashing Flowers v. State, 567 So. 2d 1055 (Fla. 5th DCA 1990), the supreme court held that legal status points on a guidelines score-sheet should be scored only once and not multiplied by the number of offenses committed by the defendant while under legal constraint. Subtracting the excess legal constraint points from the defendant’s category 5 scoresheet form results in the next lower recommended range of 5V2-7 years and a permitted range of 4½-9 years. Although the defendant’s sentence of 8 years incarceration falls within the reduced permitted range, nevertheless, the scoresheet error should be corrected and not be viewed as harmless merely because a departure sentence did not result, see Green v. State, 569 So. 2d 888 (Fla. 1st DCA 1990). The sentence is vacated with directions that a correct scoresheet be prepared and the defendant be resentenced in accordance with that scoresheet and his plea agreement.
JUDGMENT AFFIRMED; SENTENCE VACATED; CAUSE REMANDED.
DAUKSCH and COBB, JJ., concur.
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Citator
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Fredrick M. Lawrence v. State, 590 So. 2d 1068 (Fla. 5th DCA 1991)…sed by use of the wrong score-sheet which did not change the recommended range is harmless error). It is considered important that the trial court have a correct scoresheet before determining whether to apply the permitted range. See Terry v. State, 588 So. 2d 63 (Fla. 5th DCA 1991) (even where defendant’s sentence fell within the reduced permitted range, scoresheet error should be corrected and not viewed as harmless merely because a departure sentence did not result); Lewis v. State, 574 So. 2d 245 (Fla. 2…
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Goodwin v. State, 600 So. 2d 1310 (Fla. 5th DCA 1992)…encing exercised its discretion to enter the least severe sentence allowed in the permitted range. On remand, the judge should be permitted that same discretion. Goodwin is entitled to be sentenced [*1311] under a correct scoresheet. Terry v. State, 588 So. 2d 63 (Fla. 5th DCA1991). REVERSED and REMANDED for re-sentencing. GOSHORN, C.J., and W. SHARP, J„ concur.…
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McGREEVEY v. State, 717 So. 2d 1111 (Fla. 5th DCA 1998)…permitted range and thus such errors in scoring are not harmless. See Goodwin v. State, 600 So. 2d 1310 (Fla. 5th DCA 1992); Horne v. State, 593 So. 2d 309 (Fla. 5th DCA 1992); Lawrence v. State, 590 So. 2d 1068 (Fla. 5th DCA 1991); Terry v. State, 588 So. 2d 63 (Fla. 5th DCA 1991). Accordingly, we affirm the judgment but quash the sentence and remand for an evi-dentiary hearing on the issue of slight versus moderate injury prior to sentencing. AFFIRMED in part; REVERSED and REMANDED. THOMPSON, J., concu…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Flowers v. State, 586 So. 2d 1058 (Fla. 1991)
- Flowers v. State, 567 So. 2d 1055 (Fla. 5th DCA 1990)
- Green v. State, 569 So. 2d 888 (Fla. 1st DCA 1990)