DENO S. GREEN, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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Green was convicted of attempted voluntary manslaughter and sentenced to 72 months, exceeding the 60-month statutory maximum. The Florida Supreme Court held that under the 1994 amendment to the sentencing guidelines, when the 'true' recommended guidelines sentence exceeds the statutory maximum, the trial court is authorized to impose the guidelines sentence.
The court held that under the 1994 amendment to the sentencing guidelines, when the 'true' recommended guidelines sentence exceeds the statutory maximum, the trial court is authorized to impose the guidelines sentence. Therefore, the trial court did not err in sentencing Green to 72 months, which exceeded the 60-month statutory maximum.
[1] When a recommended sentencing guidelines sentence exceeds the statutory maximum for an offense, a court is authorized to impose the guidelines sentence.
[2] A court's authority to impose a recommended sentencing guidelines sentence that exceeds the statutory maximum is derived from the 1994 amendment to the sentencing guideli…
Previewing 2 of 3 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“if the guidelines sentence — i.e., the "true" recommended guidelines sentence — exceeds the statutory maximum, the court is authorized to impose the guidelines sentence.”
States the core holding that trial courts may impose sentences above the statutory maximum when the true guidelines sentence exceeds that maximum
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Join FLexlaw to unlock all legal intelligenceOn September 20, 1994, Deno Green argued with his roommate over telephone use and shot him. Green was convicted of attempted voluntary manslaughter wi…
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SHAW, Justice.
We have for review Green v. State, 691 So. 2d 502 (Fla. 5th DCA 1997), based on conflict with Myers v. State, 696 So. 2d 893 (Fla. 4th DCA 1997). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. We approve the result in Green as explained herein.
Deno Green argued with his roommate on September 20, 1994, over use of the telephone. Green shot him and was convicted of attempted voluntary manslaughter with a handgun. His median recommended sentence 1 under the guidelines was 65.8 months, and his recommended range was between 49.35 and 82.25 months. The statutory maximum sentence for the offense was 60 months. The court sentenced him to 72 months and the district court affirmed. Green claims that trial court erred in sentencing him above the statutory maximum. We disagree.
We addressed this issue in Mays v. State, 717 So. 2d 515 (Fla.1998), wherein we construed the 1994 amendment to the sentencing guidelines. We explained that if the guidelines sentence — i.e., the “true” recommended guidelines sentence — exceeds the statutory maximum, the court is authorized to impose the guidelines sentence. In the present case, the “true” recommended guidelines sentence, i.e., 72 months, exceeds the statutoiy maximum, i.e., 60 months. The court thus was authorized to exceed the maximum. We approve the result in Green on this issue.
It is so ordered.
HARDING, C.J., and OVERTON and WELLS, JJ., concur. PARIENTE, J., concurs in part and dissents in part with an opinion in which KOGAN and ANSTEAD, JJ., concur. . See § 921.0014, Fla. Stat. (1993) (explaining that the median recommended sentence is equal to "total sentence points minus 28”).
Justice, concurring in part and dissenting in part.
For the reasons expressed in my concurring in part and dissenting in part opinion in Mays v. State, 717 So. 2d 515 (Fla.1998), I concur in part and dissent in part. Accordingly, in my opinion, the maximum sentence the trial court could impose beyond the 60 month statutory maximum was 65.8 months, which was the “recommended sentence” based on scoresheet calculations.
KOGAN and ANSTEAD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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McCALLISTER v. State, 716 So. 2d 821 (Fla. 4th DCA 1998)…o use a firearm during the commission of’ attempted voluntary manslaughter. Thus, count one was properly reclassified as a second degree felony. On this issue, MCCallister relies on Green v. State, 691 So. 2d 502, 503 n. 1 (Fla. 5th DCA), approved, 715 So. 2d 259 (Fla.). In Green, the fifth district noted that the defendant appealed his sentence imposed “for one count of attempted voluntary manslaughter with a firearm, a third degree felony.” After its reference to the degree of felony, Green cited to sectio…
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Waddy v. State, 754 So. 2d 147 (Fla. 5th DCA 2000)…that “[i]f a recommended sentence under the guidelines exceeds the maximum sentence authorized by s. 775.082, the sentence under the guidelines must be imposed, absent a departure.” See also Mays v. State, 717 So. 2d 515 (Fla.1998); Green v. State, 715 So. 2d 259 (Fla.1998). AFFIRMED. COBB and PETERSON, JJ., concur.…
Authorities Cited
- Mays v. State, 717 So. 2d 515 (Fla. 1998)
- Myers v. State, 696 So. 2d 893 (Fla. 4th DCA 1997)
- Deno S. Green v. State, 691 So. 2d 502 (Fla. 5th DCA 1997)