GLENN JEFFERY GOINGS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Glenn Goings challenged the summary denial of his motion to correct an illegal sentence, arguing that his sentencing scoresheet improperly assessed eighteen points for firearm use when his sentence already included a mandatory minimum for that offense. The court agreed that under Florida law, firearm points cannot be assessed for murder convictions, and reversed the denial because the resulting illegal scoresheet could not support his 23.5-year sentence.
The trial court erred in imposing the firearm points because second-degree murder is an enumerated felony in section 775.087(2)(a) and therefore does not qualify for the additional eighteen sentence points under section 921.0014(1). The erroneous assessment of these points resulted in an illegal sentence that could not have been imposed absent a departure.
[1] A sentencing scoresheet improperly assesses eighteen points for the use of a firearm when the underlying felony conviction is murder, as murder is enumerated in the statu…
[2] A defendant is entitled to relief from an illegal sentence when a corrected sentencing scoresheet would result in a significantly shorter maximum term of imprisonment.
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“If the offender is convicted of committing or attempting to commit any felony other than those enumerated in s. 775.087(2) while having in his possession: a firearm as defined in s. 790.001(6), an additional 18 sentence points are assessed.”
Establishes the statutory basis for firearm points and the critical exception for enumerated felonies including murder.
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Join FLexlaw to unlock all legal intelligenceGoings was convicted of second-degree murder. His sentencing scoresheet assessed eighteen points for use of a firearm and imposed a three-year mandato…
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PER CURIAM.
The appellant challenges the summary denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). The appellant claims his sentencing scoresheet improperly assessed eighteen points for use of a firearm, when his sentence was already enhanced to include a three-year minimum mandatory for use of a firearm. Section 921.0014(1), Florida Statutes (1995) provides, in pertinent part, “If the offender is convicted of committing or attempting to commit any felony other than those enumerated in s. 775.087(2) while having in his possession: a firearm as defined in s. 790.001(6), an additional 18 sentence points are assessed.” Among the enumerated felonies in section 775.087(2)(a), is the offense of “murder.”
In the instant case, the appellant was convicted of second-degree murder. Therefore, the trial court erred in imposing the firearm points. See Bush v. State, 687 So. 2d 312, 312 (Fla. 1st DCA 1997). The state concedes that 18 points were erroneously assessed. Furthermore, a corrected scoresheet only allows up to 21.6 years’ imprisonment. Because the appellant’s 23.5-year sentence could not have been imposed absent a departure, the appellant is entitled to relief. See Brooks v. State, 969 So. 2d 238, 238 (Fla.2007). Accordingly, we reverse the trial court’s summary denial of the appellant’s motion to correct an illegal sentence. On remand, should the trial court again determine that the appellant is not entitled to relief, it shall attach to its order those portions of the record conclusively demonstrating that; otherwise, it shall grant the motion.
REVERSED AND REMANDED, with directions.
BROWNING, C.J., and WOLF, J., concur; WEBSTER, J., concurs in result only.
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Holton v. State, 51 So. 3d 1164 (Fla. 1st DCA 2010)…for the two robbery convictions, the life sentences would have been upward departure sentences. Because it appears the appellant’s sentences could not have been imposed, absent a departure, the appellant is entitled to relief.1 See Goings v. State, 990 So. 2d 1228 (Fla. 1st DCA 2008) (holding that because a sentence could not have been imposed absent a departure, a defendant who filed a 3.800(a) motion alleging scoresheet error is entitled to relief). The trial court denied the appellant’s claim as successiv…
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Gautreaux v. State, 95 So. 3d 1012 (Fla. 2d DCA 2012)…resheet because Hoag’s sentence could not have been imposed absent a departure. Hoag, 12 So. 3d at 908; see also Mitchell v. State, 880 So. 2d 1261, 1262 (Fla. 2d DCA 2004); Perez v. State, 20 So. 3d 440, 442-43 (Fla. 4th DCA 2009); Goings v. State, 990 So. 2d 1228, 1228 (Fla. 1st DCA 2008). In the instant case, the twenty-five-year prison sentences on counts two and three could not have been imposed absent a departure utilizing a 1995 sentencing guidelines scoresheet and Gautreaux therefore is entitled to be…
Authorities Cited
- Brooks v. State, 969 So. 2d 238 (Fla. 2007)
- Bush v. State, 687 So. 2d 312 (Fla. 1st DCA 1997)