JORGE BIDO, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Florida appellate court affirmed a sentence where a probation violation was scored as an additional offense under the sentencing guidelines because such scoring provided the most severe sanction.
A probation violation may be scored as an additional offense under Florida's sentencing guidelines when the defendant is pending sentencing for both the violation and a new substantive offense, provided such scoring yields the most severe sanction.
[1] A probation violation pending before the court for sentencing may be scored as an additional offense under Florida Rule of Criminal Procedure 3.704(d) when the defendant…
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Join FLexlaw to unlock all legal intelligenceAppellant Bido was placed on probation for a felony offense, violated that probation by committing a new offense, and was pending before the court for…
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Affirmed. See State v. Alberto, 847 So.2d 1091 (Fla. 4th DCA 2003) (holding that where defendant was placed on probation for a felony offense, violates that probation by committing a new offense, and is pending before the court for sentencing on both the violation of probation and the new offense, the probation offense may be scored as an “additional offense” if such scoring provides the most severe sanction and is otherwise consistent with the provisions of the rule and statute); Fla. R. Crim. P. 3.704(d) (defining “additional offense” as “any offense other than the primary offense for which an offender is convicted and which is pending before the court for sentencing at the time of the primary offense.”) (emphasis added). See also State v. Lamar, 659 So.2d 262, 265 (Fla.1995) (observing that “whenever a defendant is being sentenced for both a violation of probation and a new substantive offense, the violation of probation can be scored as either the primary offense or as prior record so long as it gives the most severe sanction. Likewise, the new substantive offense can be scored as the primary offense or as an additional offense provided the sentence results in the most severe sanction. It is evident that this sentencing scheme was intended to ‘punish repeat offenders more severely than first-time offender.’ ”)(quoting Peters v. State, 531 So.2d 121, 123 (Fla.1988)).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Peters v. State, 531 So. 2d 121 (Fla. 1988)
- State v. Lamar, 659 So. 2d 262 (Fla. 1995)
- State v. Alberto, 847 So. 2d 1091 (Fla. 4th DCA 2003)