ROGER WILLIAMS, II, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Williams appealed the denial of resentencing relief under Heggs v. State for his 1995 convictions. The court reversed in part, holding that although Williams was not entitled to Heggs relief for his 1998 offenses, he must be resentenced under corrected sentencing guidelines that properly categorize prior offenses rather than additional offenses on a single scoresheet.
While Williams is not entitled to Heggs relief for his 1998 offenses committed outside the Heggs window, he must be resentenced in both cases on a corrected scoresheet that properly treats the 1995 offenses as prior offenses rather than additional offenses, as required by section 921.0014(3) when multiple versions of sentencing guidelines apply.
[1] A defendant must be resentenced under Florida Statutes section 921.0014(3) when a single sentencing scoresheet includes offenses committed under different versions of the…
[2] When a defendant is sentenced based on a scoresheet that improperly includes prior offenses as additional offenses, resentencing is required.
Previewing 2 of 4 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“A single guidelines scoresheet shall be prepared for each defendant, except that if the defendant is before the court for sentencing for more than one felony and the felonies were committed under more than one version or revision of the guidelines, separate scoresheets must be prepared pursuant to s. 921.001(4)(b).”
Establishes the statutory requirement for separate scoresheets when offenses committed under different guideline versions
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceWilliams was convicted of burglary and petit theft in case 96-16048 and placed on probation. In case 98-8118, he was convicted of new offenses and sen…
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PER CURIAM.
Roger Williams, II, appeals the partial summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a) seeking resentencing under Heggs v. State, 759 So. 2d 620 (Fla.2000). We reverse.
In circuit court case number 96-16048, Williams was convicted of burglary of a structure and petit theft and placed on probation. In circuit court case number 98-8118, Williams was convicted on new offenses and was sentenced to community control and probation. He violated community control and was sentenced on June 16, 1999, to forty-three months in prison on the convictions in both cases, based on a single 1995 guidelines sentencing score-sheet.
The trial court correctly acknowledged that Williams is entitled to be resentenced under Heggs in case number 96-16048 but denied resentencing in case number 98-8118, because those offenses were committed outside of the Heggs window. However, when the court declined to resentence Williams in case number 98-8118, the court did not take into account that the scoresheet used in sentencing Williams in 1999 included the petit theft and burglary-charges as additional offenses.
Under section 921.0014(3), Florida Statutes (1999), Williams should be resen-tenced in both cases because two different versions of the sentencing guidelines apply. See State v. White, 762 So. 2d 927 (Fla. 2d DCA 2000). Section 921.0014(3) provides in part:
A single guidelines scoresheet shall be prepared for each defendant, except that if the defendant is before the court for sentencing for more than one felony and the felonies were committed under more than one version or revision of the guidelines, separate scoresheets must be prepared pursuant to s. 921.001(4)(b). The scoresheet or scoresheets must cover all the defendant’s offenses pending before the court for sentencing.
Consequently, although Williams is not entitled to Heggs relief in case number 98-8118, he must be resentenced in that case based on a corrected scoresheet according to the guidelines in effect at the time those offenses were committed. The corrected scoresheet should include the petite theft and burglary offenses as prior offenses, rather than as additional offenses.
Affirmed in part, reversed in part, and remanded.
GREEN, A.C.J., and DAVIS, J., and CAMPBELL, MONTEREY, (Senior) Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Heggs v. State, 759 So. 2d 620 (Fla. 2000)
- State v. Cresandra White, 762 So. 2d 927 (Fla. 2d DCA 2000)