EDWARD JOHN SAVORY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Edward Savory appeals his sentence of 22 years for second-degree murder and the imposition of restitution. The court affirms the sentence as falling within the permissible range and finds that restitution was properly imposed when the trial court reserved jurisdiction to determine the amount at a later date.
The 22-year sentence within the permissible range is proper and not a departure sentence; moreover, the amended sentencing guidelines applied because the crime was committed September 1988, after the July 1, 1988 effective date. Restitution was properly imposed because the original sentence included restitution with jurisdiction reserved to determine the amount at a later date, which is permissible under Florida law.
[1] A sentence imposed within the permissive range of sentencing guidelines is permissible even if it exceeds the recommended range, provided the crime predates the effective…
[2] A trial court may reserve jurisdiction to determine the amount of restitution at a later date when imposing an initial sentence.
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“Savory committed the instant crime in September, 1988, and the amended rule became effective July 1, 1988.”
Establishes that the amended sentencing guidelines applied to Savory's crime despite his argument to the contrary
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Join FLexlaw to unlock all legal intelligenceSavory was convicted of second-degree murder in June 1989 for a crime committed in September 1988. His sentencing guidelines scoresheet recommended a …
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DOWNEY, Judge.
Appellant, Edward Savory, was convicted of second-degree murder in June, 1989. Based upon his scoresheet, the recommended range is a sentence from 12 to 17 years. The permitted range is 7 to 22 years. The trial court sentenced him to 25 years, but failed to furnish written departure grounds. In addition, the trial court imposed restitution to the victim's family in an amount to be determined at a later date and reserved jurisdiction therefor. Savory appealed, presenting six points, none of which had merit except one pertaining to the sentence imposed by the trial court. This court reversed for failure to set forth written grounds. 576 So. 2d 389. After remand, appellant was sentenced within the permissive range to 22 years. The court also adjudicated the amount of restitution to be paid at $50,817.
Savory has perfected this appeal based upon two points: 1) it was error to sentence him in excess of the recommended range of 12 to 17 years, and 2) the court erred in ordering restitution two years after the initial sentence.
The thrust of appellant’s argument in support of Point I is that a sentence within the permissive range is not appropriate in this case because the crime predated the sentencing guidelines authorizing a permissive range. Unfortunately for Savory, his contention is invalid because Savory committed the instant crime in September, 1988, and the amended rule became effective July 1, 1988. Furthermore, Savory’s reliance upon Pope v. State, 561 So. 2d 554 (Fla.1990), is also unavailing because it pertains to departure sentences. The subject sentence is not a departure sentence.
Savory’s next argument suggests that the original sentencing in his case did not include the imposition of restitution and that to impose restitution two years “after the fact” is impermissible. Once again, the facts are wrong. The original sentence did impose restitution and the court reserved jurisdiction to determine the amount at a later date. This is permissible. Hatcher v. State, 591 So. 2d 1134 (Fla. 4th DCA 1992); In the Interest of B.M., 580 So. 2d 896 (Fla. 4th DCA 1991); Weckerle v. State, 579 So. 2d 742 (Fla. 4th DCA 1991); McCaskill v. State, 520 So. 2d 664 (Fla. 1st DCA 1988). Savory’s reliance on Jones v. State, 590 So. 2d 1061 (Fla. 4th DCA 1991), and Abt v. State, 581 So. 2d 1001 (Fla. 4th DCA 1991), is misplaced because in those cases the original sentencing order did not impose restitution. It was attempted on remand, which is prohibited.
We have considered appellant’s other contentions and find them, too, without merit.
Accordingly, we affirm the order appealed from.
GARRETT, J., and OWEN, WILLIAM C., Jr., Senior Judge, concur.
DOWNEY, Judge.
Appellant has filed a petition for rehearing which takes the court to task, in a somewhat strident fashion, for alleged misstatements of fact and of the record. We have carefully considered the various assertions in said petition and concede that our opinion was in error regarding the initial appeal in this ease when we stated that “Savory appealed solely from the departure sentence.” What we should have said was that Savory had presented six points on appeal, none of which had merit except one having to do with the sentence.
We adhere to our opinion relative to the propriety of the permissive sentence of 7 to 22 years. While the printed form used by the trial court stated only the recommended range and did not include the permitted range, there is no question that the permissive range used by the court was the accurate, existing permissive range. Thus, there was no merit in appellant’s contentions regarding the use of said range in the sentence.
With regard to the imposition of restitution two years after the original sentence, the court simply disagreed with appellate counsel and held the trial court imposed restitution at sentencing, but withheld jurisdiction to determine the amount thereof to a later date. We believe the documentation supports that conclusion.
Accordingly, we grant rehearing. The first sentence in the second paragraph on page one is deleted and, in its place and stead, the following sentence is substituted: [Editor’s Note: The sentence has been substituted for the publication of this opinion]
In all other respects the petition for rehearing is denied.
GARRETT, J., and OWEN, WILLIAM C., Jr., Senior Judge, concur.
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Scott v. State, 612 So. 2d 561 (Fla. 1992)…OVERTON, Justice. We have for review Scott v. State, 600 So. 2d 1 (Fla. 1st DCA 1992), in which the district court certified the same questions we recently answered in the negative in Tillman v. State, 609 So. 2d 1295 (Fla.1992). We choose not to consider the other issues raised by the petitioner since they were n…
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Gladfelter v. State, 604 So. 2d 929 (Fla. 4th DCA 1992)….Crim.P. 3.800(b). We have repeatedly held, however, that as long as the requirement to pay restitution is included in the sentence, setting the actual amount of restitution, even beyond sixty days from the sentence, is permissible. Savory v. State, 600 So. 2d 1 (Fla. 4th DCA 1992), approved in part, corrected on other grounds Savory v. State, 600 So. 2d 1 (Fla. 4th DCA 1992); In the Interest of B.M., 580 So. 2d 896 (Fla. 4th DCA 1991); Stanley v. State, 580 So. 2d 349 (Fla. 4th DCA 1991). We affirm as to t…1 / 2
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State v. Sanderson, 615 So. 2d 275 (Fla. 2d DCA 1993)…PER CURIAM. We deny the petition for writ of certiorari. In so doing, we acknowledge conflict with Savory v. State, 600 So. 2d 1 (Fla. 4th DCA 1992) and Smith v. State, 589 So. 2d 387 (Fla. 1st DCA 1991). CAMPBELL, A.C.J., and HALL and BLUE, JJ., concur.…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Pope v. State, 561 So. 2d 554 (Fla. 1990)
- McCASKILL v. State, 520 So. 2d 664 (Fla. 1st DCA 1988)
- Weckerle v. State, 579 So. 2d 742 (Fla. 4th DCA 1991)
- In the Interest of B.M., 580 So. 2d 896 (Fla. 4th DCA 1991)
- Russell v. State, 576 So. 2d 389 (Fla. 1st DCA 1991)
- Jones v. State, 590 So. 2d 1061 (Fla. 4th DCA 1991)
- State v. Luanne Ward, 591 So. 2d 1134 (Fla. 4th DCA 1992)
- ABT v. State, 581 So. 2d 1001 (Fla. 4th DCA 1991)
- State v. Iglesias, 581 So. 2d 1001 (Fla. 2d DCA 1991)