ANTONIO GREEN, A/K/A ANTONIO WILLIAMS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court affirmed the defendant's convictions for first-degree murder, armed robbery, and armed burglary, but reversed the sentences for armed robbery and armed burglary.
The defendant was convicted by a jury of first-degree murder with a firearm, armed robbery, and armed burglary. The appellate court reviewed the convi…
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PER CURIAM.
Pursuant to an adverse jury verdict the trial court adjudicated Antonio Green guilty of first degree murder with a firearm, armed robbery, and armed burglary. We affirm Green’s convictions on all counts, but reverse the sentences imposed as to the armed robbery and armed burglary.
The crimes at issue occurred on November 22, 1992. The sentencing guidelines in effect at the time of the offenses control. See Henderson v. State, 572 So. 2d 972, 974 (Fla. 3d DCA 1990). We reverse Green’s sentences as to the armed robbery and armed burglary as no sentencing guidelines scoresheet appears in the record and the transcript of the sentencing hearing does not reflect that the trial judge considered one in imposing the sentences in this case. See Taylor v. State, 563 So. 2d 822, 823 (Fla. 2d DCA 1990).1 Also, because the record and transcript do not reflect that the trial court was aware it was imposing departure sentences as to these convictions, on remand the court may consider whether departure sentences are appropriate and, if so, it should set forth valid written reasons for the departures. See Nelson v. State, 650 So. 2d 1085, 1086 (Fla. 1st DCA 1995); McGowan v. State, 648 So. 2d 1225, 1226 (Fla. 4th DCA 1995).
In sum, we find the points raised by Green with respect to his judgment of conviction to be without merit and affirm it on all counts. Further, we affirm the sentence imposed for the first degree murder with a firearm. Lastly, we reverse the sentences imposed for the armed robbery and armed burglary convictions and remand for resentencing with the instruction that a correctly prepared scoresheet be used.
. We note that the guidelines do not apply to the first degree murder conviction, a capital felony. se § 921.001(4)(a), Fla.Stat. (1991).
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Quintana v. State, 913 So. 2d 628 (Fla. 3d DCA 2005)…e of sentencing, not on the date of his crime. That is incorrect. The applicable criminal penalties are those in effect at the date of the defendant’s crime. See Miller v. Florida, 482 U.S. 423, 107 S.Ct. 2446, 96 L.Ed.2d 351 (1987); Green v. State, 696 So. 2d 488 (Fla. 3d DCA 1997). Where, as here, the statute is amended between the crime date and the sentencing date, it is the statute in effect on the date of the crime which is controlling. The defendant relies on dictum in Bover v. State, 797 So. 2d 1246…
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Thomas v. State, 875 So. 2d 804 (Fla. 1st DCA 2004)…viction but may serve as a valid reason for a departure sentence); Seccia v. State, 786 So. 2d 12, 15 (Fla. 1st DCA 2001) (holding that physical injury or death resulting from a capital felony should not "be scored as victim injury); Green v. State, 696 So. 2d 488, 489 (Fla. 3d DCA 1997) (holding that the guidelines do not apply to capital first-degree murder convictions). On remand, the trial court may consider whether a departure sentence is appropriate for the aggravated child abuse offense and provide wri…
Authorities Cited
- Twondy Gail Henderson v. State, 572 So. 2d 972 (Fla. 3d DCA 1990)
- Taylor v. State, 563 So. 2d 822 (Fla. 2d DCA 1990)
- McGOWAN v. State, 648 So. 2d 1225 (Fla. 4th DCA 1995)
- Nelson v. State, 650 So. 2d 1085 (Fla. 1st DCA 1995)