STATE OF FLORIDA, APPELLANT,
v.
ROBERT ALTON WINBUSH, APPELLEE
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The State appealed a trial court's imposition of drug offender probation on Winbush for delivery of cannabis. The appellate court reversed the sentence, holding that Winbush was ineligible for drug offender probation because his sentencing scoresheet exceeded 60 points and his offense was not one specifically enumerated in the drug offender probation statute.
Winbush was ineligible for drug offender probation. Under Florida Statutes section 948.20, a defendant qualifies for drug offender probation only if: (1) the defendant is a chronic substance abuser; (2) the criminal conduct is a violation of specific enumerated offenses; and (3) the sentencing scoresheet total is 60 points or fewer. Winbush failed the third requirement and was not convicted of an offense specifically referenced in the statute.
[1] A defendant is ineligible for drug offender probation if their Criminal Punishment Code scoresheet total sentence points exceed 60.
[2] Drug offender probation is statutorily limited to defendants whose criminal conduct involves specific offenses or other nonviolent felonies committed on or after July 1,…
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Join FLexlaw to unlock all legal intelligence“Because he scored more than 60 points on his sentencing scoresheet and he was not convicted of an offense specifically referenced in the drug offender probation statute, Winbush was ineligible to receive drug offender probation.”
Establishes the two-part test for ineligibility: scoresheet points exceed 60 and the offense is not enumerated in the statute.
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Join FLexlaw to unlock all legal intelligenceWinbush pled nolo contendere to delivery of cannabis under Florida Statutes section 893.13(1)(a)2. His sentencing scoresheet calculated 63 points, whi…
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The State appeals the drug offender probation sentence imposed by the trial court on Robert Winbush. Determining that Winbush was not eligible to receive drug offender probation, we reverse.
Winbush pled nolo contendere to the crime of delivery of cannabis, in violation of section 893.13(l)(a)2 of the Florida Statutes (2011). At sentencing, Winbush scored 63 points on his sentencing score-sheet which translated to a sentencing range of between 26.25 months’ and five years’ imprisonment, but he requested that the trial court impose a term of drug offender probation instead of a prison sentence.
The drug offender statute reads, in relevant part, as follows:
*1166948.20. Drug offender probation
(1) If it appears to the court upon a hearing that the defendant is a chronic substance abuser whose criminal conduct is a violation of s. 893.13(2)(a) or (6)(a), or other nonviolent felony if such nonviolent felony is committed on or after July 1, 2009, and notwithstanding s. 921.0024 the defendant’s Criminal Punishment Code scoresheet total sentence points are 60 points or fewer, the court may either adjudge the defendant guilty or stay and withhold the adjudication of guilt. In either ease, the court may also stay and withhold the imposition of sentence and place the defendant on drug offender probation or into a post adjudicatory treatment-based drug court program if the defendant otherwise qualifies.
§ 948.20, Fla. Stat. (2011). Because he scored more than 60 points on his sentencing scoresheet and he was not convicted of an offense specifically referenced in the drug offender probation statute, Winbush was ineligible to receive drug offender probation. Cf. McGrill v. State, 82 So.3d 130 (Fla. 4th DCA 2012) (holding that the defendant, who pled no contest to the charge of possession of cocaine in violation of section 893.13(6)(a),⅛ fell within the express parameters of the drug offender probation statute and thus qualified to receive drug offender probation).
Accordingly, Winbush’s sentence is reversed and this matter is remanded for re-sentencing.
Conviction AFFIRMED; Sentence REVERSED; Cause REMANDED.
TORPY, C.J. and GRIFFIN, J., concur.
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Taylor v. State, 227 So. 3d 1252 (Fla. 5th DCA 2017)…ent Code scoresheet total sentence points were sixty points or fewer. See § 948.20(1), Fla. Stat. (2014). Appellant scored 181 sentencing points on his scoresheet and was therefore ineligible to receive drug offender probation. See State v. Winbush, 121 So. 3d 1165, 1166 (Fla. 5th DCA 2013) (holding that a defendant who scored more than sixty points on his sentencing scoresheet and was not convicted of an offense specifically referenced in the drug offender probation statute was ineligible to receive drug offe…
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- McGRILL v. State, 82 So. 3d 130 (Fla. 4th DCA 2012)