GREGORY A. CUTTS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Gregory Cutts appealed the denial of his postconviction relief motion and his resentencing on sexual battery convictions. The court affirmed the denial of his Rule 3.850 motion but reversed and remanded for resentencing because the trial court improperly scored probation violations as additional offenses rather than prior record when different versions of sentencing guidelines applied.
When a defendant is before the court for sentencing for multiple offenses committed under different versions of the sentencing guidelines, separate scoresheets must be prepared, and probation violations governed by an earlier guideline version that were pending at original sentencing should be scored as prior record, not additional offenses.
[1] A trial court must prepare separate score sheets when a defendant is before the court for sentencing for more than one felony committed under different versions or revisi…
[2] Violations of probation pending at the time of original sentencing for other felonies should be scored as prior record rather than additional offenses if they occurred pr…
Previewing 2 of 3 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“Section 921.0014(3), Florida Statutes (Supp. 1996), provides that when a "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 score-sheets must be prepared."”
Establishes the controlling statutory rule requiring separate scoresheets when different guideline versions apply to multiple offenses
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Join FLexlaw to unlock all legal intelligenceCutts had been convicted of sexual battery in 1999. Years later, he was granted Heggs resentencing on these convictions. At resentencing, the trial co…
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CANADY, Judge.
Gregory A. Cutts appeals the denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850 and his resentencing pursuant to Heggs v. State, 759 So. 2d 620 (Fla.2000). We affirm the denial of his rule 3.850 motion without discussion, but we reverse and remand for resentencing.
As a result of his postconviction motion, Cutts was granted Heggs resentencing on two sexual battery convictions from 1999. At the resentencing, the trial court scored a violation of probation for solicitation to sell cocaine and a violation of probation for resisting an officer with violence as additional offenses because they had been pending before the trial court for sentencing at the time of Cutts’s original sentencing on the sexual batteries in 1999. On appeal, Cutts argues that upon resentenc- ing the trial court should have scored the violations of probation as prior record rather than additional offenses because a different version of the guidelines applied to the violations of probation, which occurred prior to the sexual batteries. Section 921.0014(3), Florida Statutes (Supp. 1996), provides that when a “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 score-sheets must be prepared.” See Armstrong v. State, 787 So. 2d 74, 75 (Fla. 2d DCA 2001). The State concedes error, and we agree. Therefore, we reverse Cutts’s sexual battery sentences and remand for the trial court to resentence Cutts pursuant to a corrected scoresheet with the violations of probation included as prior record. See id.
Affirmed in part, reversed in part, and remanded.
DAVIS, J., and SCHEB, JOHN M„ Senior Judge, Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Miller v. State, 177 So. 3d 95 (Fla. 2d DCA 2015)…xceeds the statutory maximum, the court is authorized to impose the guidelines sentence”); Mays v. State, 717 So. 2d 515, 516 (Fla.1998) (“Prior to 1994, a court could not impose a guidelines sentence outside the statutory limits.”); Cutts v. State, 903 So. 2d 310, 311 (Fla. 2d DCA 2005) (discussing preparation of separate scoresheets where multiple offenses occurred when differing versions of the guidelines prevailed). The postconviction court shall attach to its order deciding Miller’s motion copies of thos…
Authorities Cited
- Heggs v. State, 759 So. 2d 620 (Fla. 2000)
- Armstrong v. State, 787 So. 2d 74 (Fla. 2d DCA 2001)