CALVIN GRAHAM, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that juvenile dispositions for offenses committed more than five years before the primary offense should not be included on the sentencing scoresheet, even if the dispositions occurred within the five-year window.
[1] Juvenile dispositions for offenses committed more than five years before the primary offense must be excluded from a defendant's sentencing scoresheet.
[2] The relevant date for determining whether a juvenile disposition is included in a defendant's prior record is the date the offense was committed, not the date of the disp…
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STONE, J.
We reverse Graham’s sentence due to a scoresheet error and remand for re-sentencing.
It was error to fail to delete from Graham’s sentencing scoresheet prior juvenile dispositions on offenses committed more than five years before the offense for which he was being sentenced. See § 921.0021, Fla. Stat. (2005); rule 3.704, Fla. R.Crim. P. Florida Statutes section 921.0021 provides, in part:
(5) “Prior record” means a conviction for a crime committed by the offender, as an adult or a juvenile, prior to the time of the primary offense.... Juvenile dispositions of offenses committed by the offender within 5 years before the primary offense are included in the offender’s prior record....
§ 921.0021(5), Fla. Stat. (2005).
Florida Rule of Criminal Procedure 3.704(d)(14)(B) provides, in part:
Juvenile dispositions of offenses committed by the offender within 5 years before the date of the commission of the primary offense must be scored as prior record....
It is undisputed that the juvenile offenses in question were not committed within the five-year timeframe, but that the dispositions for those offenses were entered within the five-year time frame. We reject the state’s contention that the disposition date is the triggering date.
Reading the statute as a whole, the meaning is clear. Offenses that are committed by the offender within five years before the primary offense modifies “dispositions” so that the statute is most reasonably interpreted to provide the date the offense was committed is the triggering date for purposes of inclusion as a prior record.
Further, it cannot be said conclusively from the record that the trial court would have imposed the same sentence had the juvenile convictions not been scored, as their exclusion would considerably reduce the lowest permissible sentence. See State v. Anderson, 905 So. 2d 111, 112 (Fla.2005).
As to all other issues raised, we find no reversible error or abuse of discretion and affirm. We remand for re-sentencing.
FARMER and MAY, JJ., concur.
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Parr v. State, 247 So. 3d 550 (Fla. 4th DCA 2018)
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Denizard v. State, 79 So. 3d 159 (Fla. 2d DCA 2012)…, Mr. Denizard claims that the trial court abused its discretion when imposing sentence by considering aspects of his prior record that he contends were either too remote or did not result in conviction. For the former, he relies on Graham v. State, 950 So. 2d 526, 526 (Fla. 4th DCA 2007) (“It was error to fail to delete from Graham’s sentencing score-sheet prior juvenile dispositions on offenses committed more than five years before the offense for which he was being sentenced.”). And, for the latter, he rel…
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Gerrish v. State, 954 So. 2d 1276 (Fla. 4th DCA 2007)…hearing in failing to investigate his lack of prior felony convictions to counter the erroneous prior felony information, which was provided by the state and included on his scoresheet. State v. Anderson, 905 So. 2d 111 (Fla.2005); Graham v. State, 950 So. 2d 526 (Fla. 4th DCA 2007); Frazier v. State, 912 So. 2d 54 (Fla. 4th DCA 2005), receded from on other grounds by Spera v. State, 923 So. 2d 543 (Fla. 4th DCA 2006). We reject the state’s argument on appeal that the sentencing transcript conclusively demon…
Authorities Cited
- State v. Anderson, 905 So. 2d 111 (Fla. 2005)