JAMES GLYNN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A defendant is entitled to the most lenient version of the sentencing guidelines in effect during the time frame alleged in the information, even if the offense dates overlap.
James Glynn was convicted of sexual battery offenses that occurred during time frames overlapping the effective dates of different sentencing guidelin…
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PER CURIAM.
James Glynn appeals an order denying his motion to correct an illegal sentence filed under Florida Rule of Criminal Procedure 3.800(a).
Glynn was convicted of two counts of sexual battery. On direct appeal, he did not challenge his sentence. This court affirmed. See Glynn v. State, 787 So. 2d 203 (Fla. 4th DCA 2001).
In his rule 3.800(a) motion, Glynn argued that the trial court erred in sentencing him under the 1993 sentencing guidelines instead of the 1994 guidelines.
Count I of the underlying information charged Glynn with a sexual battery that occurred between October 1, 1993 and October 1, 1994; count II charged a sexual battery that occurred between October 1, 1993 and August 31, 1994. The testimony at trial did not narrow the time of the offenses. The jury was not asked to decide when the offenses occurred. The time frames for the charges overlap the effective date of the 1994 guidelines, which is January 1,1994.
We agree with Cairl v. State, 833 So. 2d 312 (Fla. 2d DCA 2003) (en banc), that Glynn is entitled to the “most lenient version of the guidelines in effect during the time frame alleged in the information.” Id. at 314; see also State v. Griffith, 675 So. 2d 911 (Fla.1996); Maitre v. State, 770 So. 2d 309 (Fla. 4th DCA 2000); Gilbert v. State, 680 So. 2d 1132 (Fla. 3d DCA 1996).
We distinguish this case from Gross v. State, 820 So. 2d 1043 (Fla. 4th DCA 2002), because that case involved a continuing criminal enterprise under the RICO statute. This case involves discrete acts, not a continuous or ongoing criminal offense.
We therefore reverse this case for re-sentencing under the 1994 sentencing guidelines.
STONE, GROSS and TAYLOR, JJ., concur.
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Connolly v. State, 172 So. 3d 893 (Fla. 3d DCA 2015)…statute, and even if susceptible to such a construction, i.e., principal theory can be used to establish use of firearm, the construction more favorable to the defendant must be given effect.”); Menendez, 521 So. 2d at 215, n. 3; cf. Glynn v. State, 868 So. 2d 1280 (Fla. 4th DCA 2004) (noting the difference between a continuous or ongoing criminal offense and one involving discrete acts, for sentencing purposes). Furthermore, the conviction cannot be reclassified based upon Connolly’s possession of his FBI-is…
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Collazo v. State, 966 So. 2d 429 (Fla. 4th DCA 2007)…m is that either there is no ambiguity and the majority is right or there is an ambiguity and the rule of lenity would require the court to impose the “most lenient version” of the sentence. See § 775.021, Fla. Stat. (2006); see also Glynn v. State, 868 So. 2d 1280 (Fla. 4th DCA 2004); Cairl v. State, 883 So. 2d 312 (Fla. 2d DCA 2003) (en banc). Either way, the defendant wins. For this reason, I concur. GROSS, J., concurs.…
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Terence M. Scott v. State, 958 So. 2d 596 (Fla. 4th DCA 2007)…itted on or after October 1, 1995, and before May 24, 1997. Trapp, 760 So. 2d at 928. Scott is entitled to be sentenced under “the ‘most lenient version of the guidelines in effect during the time frame alleged in the information.’ ” Glynn v. State, 868 So. 2d 1280, 1281 (Fla. 4th DCA 2004) (citing Cairl v. State, 833 So. 2d 312, 314 (Fla. 2d DCA 2003)). In Cairl, the court recognized that where the defendant was charged with acts of lewd and lascivious conduct within a period of time without a finding as to a…
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
- State v. Griffith, 675 So. 2d 911 (Fla. 1996)
- Cairl v. State, 833 So. 2d 312 (Fla. 2d DCA 2003)
- Gilbert v. State, 680 So. 2d 1132 (Fla. 3d DCA 1996)
- Gross v. State, 820 So. 2d 1043 (Fla. 4th DCA 2002)
- Maitre v. State, 770 So. 2d 309 (Fla. 4th DCA 2000)
- Glynn v. State, 787 So. 2d 203 (Fla. 4th DCA 2001)