In Re: Amendments To Florida Rule of Criminal Procedure 3.992(A) – Criminal Punishment Code Scoresheet

Annotate this Case

Download PDF

Supreme Court of Florida ____________ No. SC09-1053 ____________ IN RE: AMENDMENTS TO FLORIDA RULE OF CRIMINAL PROCEDURE 3.992(A) CRIMINAL PUNISHMENT CODE SCORESHEET. [July 16, 2009] PER CURIAM. We have for consideration proposed amendments to Florida Rule of Criminal Procedure 3.992(a), Criminal Punishment Code Scoresheet. We have jurisdiction. See art. V, § 2(a), Fla. Const. The Supreme Court Criminal Court Steering Committee (Steering Committee) proposes amendments to rule 3.992(a) in light of recent legislation1 1. In chapter 2009-63, section 1, Laws of Florida, the Legislature amended section 775.082, Florida Statutes, to include a new subsection (10), which affects the sentence computation as follows: If a defendant is sentenced for an offense committed on or after July 1, 2009, which is a third-degree felony but not a forcible felony as defined in s. 776.08, and excluding any third-degree felony violation under chapter 810, and if the total sentence points pursuant to s. 921.0024 are 22 points or fewer, the court must sentence the offender to a nonstate prison sanction. However, if the court makes written and upon recommendations to the Florida Department of Corrections. After considering the Committee s proposals and reviewing the relevant legislation, we adopt the proposed amendments to rule 3.992(a), as reflected in the appendix to this opinion. New language is indicated by underscoring. The amendments shall become effective immediately upon release of this opinion. Because the amendments were not published for comment prior to their adoption, interested persons shall have sixty days from the date of this opinion in which to file comments with the Court.2 It is so ordered. findings that a nonstate prison sanction could present a danger to the public, the court may sentence the offender to a state correctional facility pursuant to this section. Ch. 2009-63, § 1, Laws of Fla. The Legislature also created a new prison diversion program under section 921.00241, Florida Statutes, which may affect the sentence imposed. See ch. 2009-63, § 2, Laws of Fla. The Steering Committee s proposed amendments to the scoresheet are consistent with those legislative revisions. 2. An original and nine paper copies of all comments must be filed with the Court on or before September 14, 2009, with a certificate of service verifying that a copy has been served on the Committee Chair, Honorable O. H. Eaton, Jr., Circuit Judge, C/O Les Garringer, Office of the General Counsel, 500 S. Duval Street, Tallahassee, Florida 32399-1925, as well as a separate request for oral argument if the person filing the comment wishes to participate in oral argument, which may be scheduled in this case. The Committee Chair has until October 5, 2009, to file a response to any comments filed with the Court. Electronic copies of all comments and responses also must be filed in accordance with the Court s administrative order in In re Mandatory Submission of Electronic Copies of Documents, Fla. Admin. Order No. AOSC04-84 (Sept. 13, 2004). -2- QUINCE, C.J., and PARIENTE, LEWIS, CANADY, POLSTON, LABARGA, and PERRY, JJ., concur. NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION, AND IF FILED, DETERMINED. Original Proceeding Florida Rules of Criminal Procedure Committee Judge O. H. Eaton, Jr., Chair, Criminal Court Steering Committee, Eighteenth Judicial Circuit, Sanford, Florida, for Petitioner -3- APPENDIX Rule 3.992(a) Criminal Punishment Code Scoresheet The Criminal Punishment Code Scoresheet Preparation Manual is available at: http://www.dc.state.fl.us/pub/sen_cpcm/index.html 2. PREPARER S NAME 1. DATE OF SENTENCE 5. NAME (LAST, FIRST, MI.I.) 3. COUNTY 8. RACE 6. DOB 4. SENTENCING JUDGE 10. PRIMARY OFF. DATE ï ¨B ï ¨W ï ¨OTHER 7. DC # PLEA 9. GENDER 11. PRIMARY DOCKET # PRIMARY OFFENSE: FELONY DEGREE _______/ TRIAL ï ¨ ï ¨M ï ¨F I. 12. If Qualifier, please check ____A ____S ____C ____R (A=Attempt, S=Solicitation, C=Conspiracy, R=Reclassification) F.S.# DESCRIPTION OFFENSE LEVEL POINTS ___________/ ___________________________________________/ __________/ (Level - Points: 1=4, 2=10, 3=16, 4=22, 5=28, 6=36, 7=56, 8=74, 9=92, 10=116) Prior capital felony triples Primary Offense points II. ï ¨ I. ________ ADDITIONAL OFFENSE(S): Supplemental page attached ï ¨ DOCKET# FEL/MM DEGREE _____________/ _________/ DESCRIPTION ______________/ QUALIFY COUNTS A S C R ï ¨ ï ¨ ï ¨ ï ¨ _______ POINTS x TOTAL ______ = ______ ______________/ _________ ï ¨ ï ¨ ï ¨ ï ¨ _______ X ______ = ______ ________________________________________________________________________________ _____________/ ________/ DESCRIPTION OFFENSE LEVEL _________ ________________________________________________________________________________ _____________/ ________/ DESCRIPTION F.S.# _____________/ _________ ï ¨ ï ¨ ï ¨ ï ¨ _______ X ______ = ______ ________________________________________________________________________________ _____________/ _________/ ______________/ _________ ï ¨ ï ¨ ï ¨ ï ¨ _______ x ______ = ______ DESCRIPTION ________________________________________________________________________________ (Level - Points: M=0.2, 1=0.7, 2=1.2, 3=2.4, 4=3.6, 5=5.4, 6=18, 7=28, 8=37, 9=46, 10=58) Prior capital felony triples Additional Offense points ï ¨ Supplemental page points ________ II. III. _________ VICTIM INJURY: 2nd Degree Murder Death Severe Moderate 240 x 120 x 40 x 18 x Number _______ _______ _______ _______ = = = = Total _______ _______ _______ _______ Slight Sex Penetration Sex Contact 4x 80 x 40 x Number _______ = _______ = _______ = Total ________ ________ ________ III. IV. PRIOR RECORD: Supplemental page attached ï ¨ FEL/MM F.S.# OFFENSE QUALIFY: DEGREE LEVEL A S C R / / / / / / / DESCRIPTION ï ¨ï ¨ï ¨ï ¨ ï ¨ï ¨ï ¨ï ¨ ï ¨ï ¨ï ¨ï ¨ ï ¨ï ¨ï ¨ï ¨ ï ¨ï ¨ï ¨ï ¨ ï ¨ï ¨ï ¨ï ¨ ï ¨ï ¨ï ¨ï ¨ NUMBER ______ POINTS TOTAL ____ ____ ____ ____ ____ ____ X __ ____ -4- X X X X X _ = _____ __ = _____ _ _ = _____ _ = _____ _ _ = _____ X __ = _____ = _____ ï ¨ / / ________ ï ¨ï ¨ï ¨ï ¨ ï ¨ï ¨ï ¨ï ¨ ____ ____ X X _ _ = _____ _ _ = _____ (Level = Points: M=0.2, 1=0.5, 2=0.8, 3=1.6, 4=2.4, 5=3.6, 6=9, 7=14, 8=19, 9=23, 10=29) Supplemental page points _______ IV. _________ Page 1 Subtotal: _______ Effective Date: For offenses committed under the Criminal Punishment Code effective for offenses committee on or after October 1, 1998 and subsequent revisions. NAME (LAST, FIRST, MI) DOCKET # Page 1 Subtotal: V. Legal Status violation = 4 Points ï ¯ Escape ï ¯ Fleeing ï ¯ Failure to appear ï ¯ Supersedeas bond ï ¯ Incarceration ï ¯ Pretrial intervention or diversion program ï ¯ Court imposed or post prison release community supervision resulting in a conviction V. VI. ________ _______ Community Sanction violation before the court for sentencing ï ¯ Probation ï ¯ Community Control ï ¯ Pretrial Intervention or diversion VI. ________ VII. Firearm/Semi-Automatic or Machine Gun = 18 or 25 Points VII. ________ VIII. Prior Serious Felony - 30 Points VIII. ________ 6 points for any violation other than new felony conviction x _______ each successive violation OR New felony conviction = 12 points x _______ each successive violation if new offense results in conviction before or at same time as sentence for violation of probation OR 12 points x _______ each successive violation for a violent felony offender of special concern when the violation is not based solely on failure to pay costs, fines, or restitution OR New felony conviction = 24 points x _______ each successive violation for a violent felony offender of special concern if new offense results in a conviction before or at the same time for violation of probation ________ Subtotal Sentence Points IX. Enhancements (only if the primary offense qualifies for enhancement) Law Enf. Protect. Drug Trafficker Motor Vehicle Theft Criminal Gang Offense ___x 1.5 ___ x 2.0 ___ x 2.5 ____ x 1.5 ___ x 1.5 Domestic Violence in the Presence of Related Child ___ x 1.5 (offenses committed on or after 3/12/07) Enhanced Subtotal Sentence Points ___ x 1.5 IX. TOTAL SENTENCE POINTS ________ ________ SENTENCE COMPUTATION ï ï If total sentence points are less than or equal to 44, the lowest permissible sentence is any non-state prison sanction. If the total sentence points are 22 points or less, see Section 775.082(10), Florida Statues, to determine if the court must sentence the offender to a non-state prison sanction. · If total sentence points are greater than 44: __________________________ minus 28 = ____________________ x .75 =_____________________________________ total sentence points · lowest permissible prison sentence in months The maximum sentence is up to the statutory maximum for the primary and any additional offenses as provided in s. 775.082, F.S., unless the lowest permissible sentence under the Code exceeds the statutory maximum. Such sentences may be imposed concurrently or consecutively. If total sentence points are greater than or equal to 363, a life sentence may be imposed. ______________________________ maximum sentence In years TOTAL SENTENCE IMPOSED Years -5- Months Days ï ¨ State Prison ï ¨ Life ___________ ___________ __________ ï ¨ County Jail ï ¨ Time Served ___________ ___________ __________ ï ¨ Community Control ___________ ___________ __________ ___________ ___________ __________ ï ¯ï ï Probationï ï ¨ Modified Please check if sentenced as ï ¨ habitual offender, ï ¨habitual violent offender, ï ¨ violent career criminal, ï ¨ prison releasee reoffender, or a ï ¨ mandatory minimum applies. ï ¨ Mitigated Departure ï ¨ Plea Bargain ï ¨ Prison Diversion Program Other Reason _____________________________________________________________________________ JUDGE S SIGNATURE Effective Date: For offenses committed under the Criminal Punishment Code effective for offenses committed on or after October 1, 1998, and subsequent revisions. -6-

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.