EDWARD ABRUSCATO
v.
STATE OF FLORIDA
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When the lowest permissible sentence under Florida's sentencing guidelines scoresheet exceeds the statutory maximum under section 775.082, the lowest scoresheet sentence becomes the maximum sentence the trial judge may impose.
[1] When the lowest permissible sentence under Florida's sentencing guidelines scoresheet exceeds the statutory maximum sentence under section 775.082, the lowest scoresheet…
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Join FLexlaw to unlock all legal intelligence“when section 921.024(2) [Fla. Stat.] applies so that the statutory maximum as provided in section 775.082[] is exceeded by the lowest permissible sentence under the code, the lowest permissible sentence under the code becomes the maximum sentence which the trial judge can impose.”
Butler v. State, 838 So. 2d 554, 556 (Fla. 2003)
Edward Abruscato was convicted in Clay County Circuit Court. The trial court imposed a sentence that applied the lowest permissible sentence under the…
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We deny Appellant’s motion for rehearing, grant his motion for written opinion, and substitute the following opinion for the original one.
PER CURIAM.
AFFIRMED. See Butler v. State, 838 So. 2d 554, 556 (Fla. 2003) (“[W]hen section 921.024(2) [Fla. Stat.] applies so that the statutory maximum as provided in section 775.082[] is exceeded by the lowest permissible sentence under the code, the lowest permissible sentence under the code becomes the maximum sentence which the trial judge can impose.”); see also Busbee v. State, 187 So. 3d 1266, 1268-69 (Fla. 1st DCA 2016) (concluding lowest permissible sentence under code scoresheet would be appropriate rather than statutory maximum for two crimes committed). WOLF, MAKAR, and KELSEY, 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. Ashley Moody, Attorney General, and Jennifer J. Moore, Assistant Attorney General, Tallahassee, for Appellee.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Winyatta Butler v. State, 838 So. 2d 554 (Fla. 2003)
- Busbee v. State, 187 So. 3d 1266 (Fla. 1st DCA 2016)