CHARLES CHATFIELD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Florida Sentencing Guidelines cases and more on FLexlaw
PER CURIAM.
On this direct appeal following resentencing pursuant to Heggs v. State, 759 So. 2d 620 (Fla.2000), appellant argues that his primary offense of sexual battery on a child age twelve or older but less than eighteen by a familial custodian in violation of section 794.011(8)(b), Florida Statutes (1997), should have been scored as a Level 7, rather than a Level 9, offense. He alleges, further, that the error resulted in an improper departure sentence without written reasons. The state concedes that the outcome of this appeal is controlled by our recent decision in Holt v. State, 808 So. 2d 290 (Fla. 1st DCA 2002). Accordingly, as in Holt, we reverse and remand for resentencing scoring the primary offense as a Level 7 offense pursuant to the 1994 guidelines.
REVERSED and REMANDED, with directions.
ALLEN, C.J., MINER and WEBSTER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Nowlin v. Nationstar Mortg., LLC, 193 So. 3d 1043 (Fla. 2d DCA 2016)…nt, The entry of a final judgment by a judge who did not preside over the trial, without more, is improper. “[A] successor judge may not enter an order or judgment based upon evidence heard by the predecessor judge.” Hartney v. Piedmont Tech., Inc., 814 So. 2d 1217, 1218 (Fla. 1st DCA 2002) (quoting Carr v. Byers, 578 So. 2d 347, 348 (Fla. 1st DCA 1991)); see also Acker v. State, 823 So. 2d 875, 876 (Fla. 2d DCA 2002) (reversing probation order where judge who signed the order did not hear the testimony of the…
-
Fratello v. State, 950 So. 2d 440 (Fla. 4th DCA 2007)…n of the parties. See, e.g., Acker v. State, 823 So. 2d 875 (Fla. 2d DCA 2002) (holding that successor judge who did not hear witness testimony or rule on credibility could not sign written order revoking probation); Hartney v. Piedmont Tech., Inc., 814 So. 2d 1217 (Fla. 1st DCA 2002) (holding that successor judge who did not preside at trial or hear evidence could not enter final judgment). See also E.J. v. Dep’t. of Children and Families, 795 So. 2d 1131 (Fla. 5th DCA 2001); Tompkins Land and Hous., Inc. v.…
-
Willis v. State, 823 So. 2d 233 (Fla. 1st DCA 2002)…uld have been scored as a Level 7, rather than Level 9, offense; and that the error was not harmless, in that Holt’s current sentence could not have been imposed under the 1994 guidelines without a departure. Id. at 292; see also Chatfield v. State, 814 So. 2d 1217 (Fla. 1st DCA 2002). For the reasons underlying our Holt and Chatfield decisions, we reverse and remand for re-sentencing scoring the primary offense as a Level 7 offense pursuant to the 1994 guidelines. REVERSED and REMANDED, with directions. AL…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Heggs v. State, 759 So. 2d 620 (Fla. 2000)
- Ryder TRS, Inc. v. Brice Google, 808 So. 2d 290 (Fla. 1st DCA 2002)
- Holt v. State, 808 So. 2d 290 (Fla. 1st DCA 2002)