STATE OF FLORIDA, APPELLANT,
v.
IVORY HOWARD, APPELLEE
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Florida appellate court affirmed probation revocation but reversed sentences because trial court improperly used a single 1994 sentencing guideline scoresheet for all eight offenses when it was required to use separate 1994 and 1995 scoresheets based on the dates the offenses were committed.
A trial court must use separate sentencing guideline scoresheets when offenses are committed before and after May 24, 1997, applying the 1994 guidelines to pre-May 24, 1997 offenses and the 1995 guidelines to post-May 24, 1997 offenses.
[1] When offenses are committed before and after May 24, 1997, separate sentencing guideline scoresheets must be used, with the 1994 guidelines applied to pre-May 24, 1997 of…
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Join FLexlaw to unlock all legal intelligenceIvory Howard violated probation and appeared for sentencing on eight separate offenses: four committed before May 24, 1997 (counts one, three, seven, …
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PER CURIAM.
After violating the terms of his probation, Ivory Howard appeared before the trial court for sentencing for eight sepa rate offenses. The 1994 guidelines were applicable to the offenses committed before May 24,1997, identified as counts one, three, seven, and eight of the information. See Trapp v. State, 760 So. 2d 924, 928 (Fla.2000) (determining that window period for challenging sentences imposed under 1995 guidelines held unconstitutional in Heggs v. State, 759 So. 2d 620 (Fla.2000), closed on May 24, 1997). The balance of the offenses, counts two, four, five, and six, were committed in July 1997, and the 1995 guidelines were applicable to them. See Trapp, 760 So. 2d at 928 (explaining that defendants do not have standing to challenge the 1995 guidelines as unconstitutional after the close of the Heggs window period).
Over the State’s objection, the trial court used a single 1994 scoresheet to calculate Howard’s guidelines sentence for all eight offenses. The trial court was required to use a separate 1995 scoresheet for the four offenses committed in July 1997. Accordingly, we affirm the order revoking probation but reverse the sentences and remand for resentencing on all offenses using separate scoresheets. See § 921.0014(3), Fla. Stat. (1997); Fla. R.Crim. P. 3.703(d)(3).
Affirmed in part, reversed in part, and remanded for resentencing.
ALTENBERND, C.J., and FULMER and WALLACE, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Heggs v. State, 759 So. 2d 620 (Fla. 2000)
- Xzavier Trapp v. State, 760 So. 2d 924 (Fla. 2000)