JESUS SALAZAR, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that while convictions for sexual battery and lewd acts are affirmed, the sentences for lewd acts must be reversed and remanded for resentencing.
[1] A trial court must prepare and utilize a sentencing guidelines scoresheet when imposing sentences for non-capital offenses.
[2] Convictions for sexual battery on a child and committing a lewd and lascivious act are affirmed when no reversible error is found regarding the convictions.
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Join FLexlaw to unlock all legal intelligenceAppellant was convicted of sexual battery and lewd acts. The trial court imposed consecutive sentences for all counts without using a sentencing guide…
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PER CURIAM.
Appellant, Jesus Salazar, challenges the judgments and sentences imposed upon him after he was adjudicated guilty of five counts of sexual battery on a child and three counts of committing a lewd and lascivious act. We affirm the convictions but reverse the sentences imposed for the lewd and lascivious convictions.
Appellant was charged with five counts of sexual battery on a child under twelve years of age in violation of section 794.011(2), Florida Statutes (1993), and three counts of a lewd and lascivious act in violation of section 800.04(4), Florida Statutes (1993). Appellant was tried, the jury found him guilty as charged on all counts, and the trial court adjudicated him guilty. The court sentenced appellant to life in prison with a twenty-five year minimum mandatory for each of the five sexual battery convictions. For the three convictions of lewd and lascivious acts, the court sentenced appellant to fifteen years in prison. The court ordered each of the eight sentences to be served consecutively. Appellant filed a timely notice of appeal.
We find no reversible error regarding appellant’s convictions and, accordingly, affirm the convictions. The trial court, however, erred in sentencing appellant on the lewd and lascivious convictions. The record indicates that the trial court did not consider a sentencing guidelines scoresheet when it imposed these three sentences. While the guidelines do not apply to capital offenses, a proper scoresheet must be prepared and used when sentencing a defendant for non-capital offenses. Taylor v. State, 563 So. 2d 822 (Fla. 2d DCA 1990). We, therefore, affirm the judgments entered for all eight convictions and the sentences entered for the capital crimes. However, we reverse the sentences for the lewd and lascivious convictions and remand for resentencing with instructions that a properly prepared score-sheet be utilized.
Affirmed in part, reversed in part, and remanded.
SCHOONOVER, A.C.J., and FRANK and ALTENBERND, JJ., concur.
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Beard v. State, 751 So. 2d 61 (Fla. 2d DCA 1999)…apital felony, the amendment does not apply to Beard’s offense. Lastly, we note that while the guidelines do not apply to capital offenses, a proper score sheet must be prepared when sentencing Beard on the noncapital offenses. See Salazar v. State, 662 So. 2d 1294 (Fla. 2d DCA 1995). Reversed and remanded. CAMPBELL, A.C.J., and NORTHCUTT, J., Concur.…
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Johnson v. State, 664 So. 2d 1112 (Fla. 2d DCA 1995)…not consider a sentencing guidelines scoresheet when sentencing the defendant for the lewd and las [*1113] civious conviction, the case must be remanded for resentencing on that count. See Lamb v. State, 532 So. 2d 1051 (Fla.1988); Salazar v. State, 662 So. 2d 1294 (Fla. 2d DCA 1995); Gaither v. State, 614 So. 2d 29 (Fla. 2d DCA 1998). DANAHY, A.C.J., and PARKER and FULMER, JJ., concur.…
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Elden Riggsby v. State, 696 So. 2d 1337 (Fla. 2d DCA 1997)…of appeal. A guidelines scoresheet need not be prepared for the sentencing of a defendant for a capital offense. However, a proper scoresheet must be prepared and used when sentencing a defendant for a noncapital of [*1338] fense. Salazar v. State, 662 So. 2d 1294 (Fla. 2d DCA 1995). Although appellant’s capital offense of sexual battery did not require the use of a scoresheet, his convictions as to four counts of handling and fondling a child under sixteen, noncapital offenses, required the preparation of a…
Authorities Cited
- Taylor v. State, 563 So. 2d 822 (Fla. 2d DCA 1990)