LIDDY ANN HEATH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court did not err in using two sentencing guidelines scoresheets for offenses committed in different years, but did err in imposing departure sentences that improperly deprived appellant of gain time.
Appellant was sentenced for offenses committed in 1993 and 1994. The trial court used two separate sentencing guidelines scoresheets, one for each yea…
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WEBSTER, Judge.
In this direct criminal appeal, appellant raises two issues regarding the sentences imposed upon her: (1) whether the trial court erred when it used two sentencing guidelines scoresheets, one for offenses committed in 1993, and another for offenses committed in 1994; and (2) whether the sentences imposed constituted departures from the sentencing guidelines, and improperly deprived appellant of gain time. We affirm as to the first issue, but reverse as to the second.
We conclude that the trial court did not err when it used two guidelines score-sheets, one for offenses committed in 1993, and another for offenses committed in 1994. See § 921.001(4)(b)1 (“The guidelines enacted effective October 1, 1983, apply to all felonies, except capital felonies, committed on or after October 1, 1983, and before January 1, 1994”) & 2 (“The 1994 guidelines apply to sentencing for all felonies, except capital felonies, committed on or after January 1, 1994”), Fla.Stat. (Supp.1994); art. X, § 9, Fla. Const. (“Repeal or amendment of a criminal statute shall not affect prosecution or punishment for any crime previously committed”).
However, as the state correctly concedes, the attorneys and the trial court apparently confused the offenses committed in each year, resulting in an inadvertent departure sentence with regard to both the 1993 and the 1994 offenses. Because the legislature has abolished basic gain time for offenses committed on or after January 1,1994 (§ 944.275(6)(a), Fla.Stat. (1993)), this error has resulted in harm to appellant. Accordingly, we vacate appellant’s sentences, and remand for correction. Appellant need not be present for resentencing.
AFFIRMED IN PART; REVERSED IN PART; and REMANDED, with directions.
MICKLE and LAWRENCE, JJ., concur.
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Cited By (12 total)
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Norris v. State, 659 So. 2d 1352 (Fla. 5th DCA 1995)…lonies, one of which occurred in 1993 and the other after 1 January 1994, the trial court was required to use two guidelines scoresheets. Allen v. State, 20 Fla.L.Weekly D1653, — So. 2d — [1995 WL 421872] (Fla. 3d DCA July 19, 1995); Heath v. State, 656 So. 2d 527 (Fla. 1st DCA 1995); Wood v. State, 655 So. 2d 212 (Fla. 5th DCA 1995). Accordingly, we reverse Norris’s sentence for the 1993 offense of battery on a law enforcement officer and remand for resentencing on this offense. In light of our reversal of t…
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Chrystal Adams Nixon v. State, 658 So. 2d 1180 (Fla. 2d DCA 1995)…ntends that that conviction stems from an offense committed in 1992-1993 and, as such, she has been improperly denied the basic gain time applicable to offenses committed before January 1, 1994. See § 944.275(6)(a), Fla.Stat. (1993); Heath v. State, 656 So. 2d 527 (Fla. 1st DCA 1995). On remand, the court should consider this allegation and, if summary denial is proper, attach those portions of the ease file and record which refute Nixon’s claim. FRANK, A.C.J., and PARKER and LAZZARA, JJ., concur.…
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Tubwell v. State, 661 So. 2d 380 (Fla. 1st DCA 1995)…t to sentence offenses committed in 1993 and 1994. This court has held that the proper method is to use two scoresheets, so that the 1993 offenses are scored on a 1993 scoresheet and the 1994 offenses are scored on a 1994 scoresheet. Heath v. State, 656 So. 2d 527 (Fla. 1st DCA 1995). Accordingly, we vacate appellant’s sentences, and remand for resentencing. AFFIRMED in part, REVERSED in part, and REMANDED. BOOTH, MINER and MICKLE, JJ., concur.…
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