RONNIE MAURICE NEAL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Ronnie Maurice Neal appealed his convictions for attempted armed robbery, kidnapping, and first-degree murder, challenging the sufficiency of evidence and his sentencing scoresheet. The court affirmed his convictions but reversed and remanded for resentencing because eighteen firearm points were improperly added to his scoresheet for crimes enumerated under Florida Statutes section 775.087(2).
The court affirmed Neal's convictions as supported by competent substantial evidence. The court reversed the sentence and remanded for resentencing because eighteen firearm points were incorrectly added to the scoresheet; such points cannot be added for crimes enumerated in section 775.087(2), and the correctly calculated minimum sentence should have been 98.5 months rather than 112 months.
[1] Competent substantial evidence supporting a jury's verdict requires denial of a motion for judgment of acquittal.
[2] A sentencing scoresheet cannot include points for firearm use when the underlying crimes are enumerated in section 775.087(2), Florida Statutes.
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Establishes the standard for reviewing sufficiency of evidence on appeal; convictions affirmed under this standard.
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Join FLexlaw to unlock all legal intelligenceOn May 19, 1995, in Escambia County, Neal committed attempted armed robbery with a firearm, kidnapping with a firearm, and first-degree murder. A jury…
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LAWRENCE, Judge.
Ronnie Maurice Neal (Neal) appeals his convictions and sentence, arguing that the evidence of his crimes is insufficient, and that his sentencing scoresheet is calculated incorrectly. We affirm Neal’s convictions, and reverse for resentencing upon a correctly calculated scoresheet.
A jury found Neal guilty of attempted armed robbery with a firearm, kidnapping with a firearm, and first-degree murder. These crimes were committed on May 19, 1995, in Escambia County. The record contains competent substantial evidence to support the jury’s verdicts. Peterka v. State, 640 So. 2d 59 (Fla.1994) (holding that, where competent substantial evidence supports a jury’s verdict, the trial judge properly denies a defendant’s motion for judgment of acquittal), cert. denied, 513 U.S. 1129, 115 S.Ct. 940, 130 L.Ed.2d 884 (1995). We therefore affirm Neal’s convictions without further discussion.
The trial judge sentenced Neal to life in prison for murder, and to 112 months in prison for Neal’s other offenses, concurrent with the life sentence.
We affirm Neal’s life sentence for murder. Neal however correctly points out that, on the scoresheet signed by the sentencing judge, eighteen points were added to the scoresheet for the use of a firearm. It was error to add eighteen points for use of a firearm, because Neal’s crimes are among those crimes enumerated in section 775.087(2), Florida Statutes (1995).
Florida Rule of Criminal Procedure 3.702(d)(12) directs that points for use of a firearm shall not be added for those crimes enumerated in section 775.087(2).
See also Bush v. State, 687 So. 2d 312 (Fla. 1st DCA 1997) (holding that the defendant’s sentencing scoresheet could not include eighteen points for using a firearm because defendant’s crime was an enumerated crime under section 775.087(2), Florida Statutes (1995)).
The judge at sentencing announced his intention to impose the minimum sentence upon Neal for Neal’s non-life crimes, and did so (112 months), but upon an incorrectly calculated scoresheet. The minimum sentence upon a correctly calculated scoresheet would have been 98.5 months, rather than 112 months. Neal thus was prejudiced by the error, and resentencing is required. Dortch v. State, 668 So. 2d 1091 (Fla. 1st DCA 1996).
We therefore affirm in part, reverse in part, and remand for resentencing upon a correctly calculated scoresheet.
MINER and PADOVANO, JJ., concur.
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Gibson v. State, 713 So. 2d 1069 (Fla. 2d DCA 1998)…A guidelines scoresheet was calculated listing armed robbery as the primary offense. The scoresheet included eighteen points for possession of a firearm. This was error. See Thomas v. State, 685 So. 2d 867 (Fla. 2d DCA 1996); see also Neal v. State, 695 So. 2d 496 (Fla. 1st DCA 1997). Section 921.0014, Florida Statutes (1993), and Florida Rule of Criminal Procedure 3.702 provide that eighteen points are assessed for possession of a firearm while committing any felony other than those enumerated in section 7…
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Ching v. State, 795 So. 2d 284 (Fla. 3d DCA 2001)…tim injury and legal status violation points on the revised scoresheet. Notably, the original scoresheet did not reflect points for either category. In addition, the court shall delete the points assessed- for possession of a firearm. Neal v. State, 695 So. 2d 496 (Fla. 1st DCA 1997). Cause remanded for resentencing.…
Authorities Cited
- Peterka v. State, 640 So. 2d 59 (Fla. 1994)
- Flower v. United States, 513 U.S. 1129 (U.S. 1995)
- Bush v. State, 687 So. 2d 312 (Fla. 1st DCA 1997)
- Harris v. 7232 Pleasant View Drive, 513 U.S. 1129 (U.S. 1995)
- Dortch v. State, 668 So. 2d 1091 (Fla. 1st DCA 1996)