PATRICK SCOTT
v.
STATE OF FLORIDA
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A Florida appellate court affirmed a defendant's convictions for sexual battery and cocaine possession, and upheld the trial court's scoring of a prior Georgia burglary conviction as burglary of an occupied structure. The court rejected the defendant's implicit challenge to the trial court's consideration of underlying facts rather than statutory elements in determining analogousness between the Georgia offense and the Florida crime.
The court affirmed the trial court's scoring of the Georgia burglary conviction as burglary of an occupied structure. The court held that it is improper to consider underlying facts when determining analogousness; only the statutory elements of the out-of-state offense may be considered.
[1] In determining whether an out-of-state conviction is analogous to a Florida crime for sentencing purposes, courts must consider only the statutory elements of the out-of-…
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Join FLexlaw to unlock all legal intelligence“neither the trial court nor this court is permitted to consider underlying facts in determining the existence of an analogous Florida offense...Instead, only the elements of the out-of-state crime should be considered”
Court's explanation of the proper legal standard for analyzing analogous out-of-state convictions
The appellant was convicted of sexual battery and possession of cocaine. He had a prior Georgia burglary conviction that the trial court scored as bur…
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December 14, 2018 PER CURIAM.
In this direct appeal, we affirm Appellant’s convictions and sentences for sexual battery and possession of cocaine. We write only to address Appellant’s claim that the trial court erred in scoring his prior Georgia burglary conviction as burglary of an occupied structure.
Below and on appeal, the parties disagree whether the underlying facts establish that the store in Georgia was occupied when Appellant burglarized it. However, “neither the trial court nor this court is permitted to consider underlying facts in determining the existence of an analogous Florida offense.” Snipes v. State, 793 So. 2d 1107, 1108 (Fla. 1st DCA 2001). Instead, only the elements of the out-of-state crime should be considered in determining whether a conviction is analogous to a Florida crime. Dautel v. State, 658 So. 2d 88, 91 (Fla. 1995); Bracey v. State, 109 So. 3d 311, 314 (Fla. 2d DCA 2013); Michaud v. State, 2 So. 3d 375, 376 (Fla. 4th DCA 2008); Montoure v. State, 880 So. 2d 793, 794 (Fla. 1st DCA 2004); Knarich v. State, 866 So. 2d 165, 168 (Fla. 2d DCA 2004); Snipes, 793 So. 2d at 1108; Holybrice v. State, 753 So. 2d 621, 623 (Fla. 4th DCA 2000); Lee v. State, 675 So. 2d 682, 683 (Fla. 1st DCA 1996).
Appellant has not argued below or on appeal that the trial court erred in relying on underlying facts to score the Georgia burglary conviction or that the elements of the out-of-state crime were not analogous to the Florida offense of burglary of an occupied structure. Here, the court will not reverse the trial court’s ruling on grounds neither raised nor argued by the parties. Accordingly, we affirm.
AFFIRMED.
BILBREY, WINOKUR, and JAY, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________ Michael Ufferman of Michael Ufferman Law Firm, P.A., Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, and Amanda D. Stokes, Assistant Attorney General, Tallahassee, for Appellee.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Dautel v. State, 658 So. 2d 88 (Fla. 1995)
- Knarich v. State, 866 So. 2d 165 (Fla. 2d DCA 2004)
- Jordache Holybrice v. State, 753 So. 2d 621 (Fla. 4th DCA 2000)
- Snipes v. State, 793 So. 2d 1107 (Fla. 1st DCA 2001)
- Emory Alexander LEE v. State, 675 So. 2d 682 (Fla. 1st DCA 1996)
- Montoure v. State, 880 So. 2d 793 (Fla. 1st DCA 2004)
- The Seascape Homeowners Ass'n, Inc. v. Ariel Dunes II Condo. Owners Ass'n, Inc., 109 So. 3d 311 (Fla. 1st DCA 2013)
- Michaud v. State, 2 So. 3d 375 (Fla. 4th DCA 2008)
- Bracey v. State, 109 So. 3d 311 (Fla. 2d DCA 2013)