CEDRIC JEFFERSON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Defendant's appeal of sentence partially granted: trial court correctly scored burglary charges as level seven offenses, but incorrectly sentenced defendant to twelve years for attempted burglary (a third-degree felony), which was vacated and reduced to five years.
A burglary charge need not track the exact language of the offense severity ranking chart to be properly scored, and attempted burglary as a third-degree felony carries a maximum sentence of five years, not twelve.
[1] The offense severity ranking chart in Florida Statutes section 921.0012 is a reference tool and need not be tracked verbatim in charging documents; deviation from its exa…
[2] Attempted burglary as a third-degree felony is subject to a maximum sentence of five years imprisonment under Florida law.
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Join FLexlaw to unlock all legal intelligenceDefendant was charged with burglary of an unoccupied dwelling and attempted burglary. He moved to correct an illegal sentence, arguing the charges wer…
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PER CURIAM.
The defendant appeals from the unfavorable portion of the following order with which we entirely agree:
The defendant in his motion to correct illegal sentence has claimed that he is entitled to relief on two grounds. First, the defendant claims that these charges were incorrectly scored as a level seven offense when they should have been scored as an unranked second degree felony, a level four offense. He claims that because the informations filed by the State charged him with burglary of an unoccupied dwelling and did not track the exact language in the offense severity ranking chart of F.S. 921.0012 that such deviation renders the offense an uncharged second degree felony. The defendant is misinterpreting the purpose of the offense severity ranking chart which references the burglary statute but is not the burglary statute. The offense of burglary of a dwelling was a level seven offense in 1993, 1994, and 1995. The defendant’s first claim for relief is denied.
Second, the defendant claims that he was incorrectly sentenced to twelve years in F94r-39724 for the third degree offense of attempted burglary. The defendant is correct. The defendant’s sentence in F94-39724 is hereby vacated and the defendant is re-sentenced to five years with all credit for time served. Affirmed.
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