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

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Supreme Court of Florida _____________ No. SC08-1312 _____________ IN RE: AMENDMENTS TO FLORIDA RULE OF CRIMINAL PROCEDURE 3.992(a) CRIMINAL PUNISHMENT CODE SCORESHEET. [September 25, 2008] 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 legislation 1 and upon recommendations to the Florida Department of Corrections (DOC) by the State Attorney for the Seventeenth Judicial Circuit and the Public Defender of the 1. In Chapter 2008-238, Laws of Florida, the Legislature amended section 921.0024 (1)(a), Florida Statutes, which revises the labeling of the enhancement types under subdivision IX of the scoresheet. Ch. 2008-238, § 26, Laws of Fla. The Steering Committee s proposal is consistent with those revisions. Seventeenth Judicial Circuit. 2 The Steering Committee further recommended including the web page address for the scoresheet manual on the Department of Corrections website. 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, and deleted language is struck through. The amendments shall become effective October 1, 2008. 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. 3 2. Section 921.0024(4), Florida Statutes, requires that the Department of Corrections develop and submit the revised Criminal Punishment Code Scoresheet to the Court for approval by June 15 of each year, as necessary, in consultation with the Office of the State Courts Administrator, state attorneys, and public defenders. Based upon the recommendations reported by DOC, the Steering Committee s proposal included clarifying the community sanction violation under subdivision VI, and adding an additional line for prior record under subdivision IV. 3. An original and nine paper copies of all comments must be filed with the Court on or before November 24, 2008, 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 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 December 15, 2008, 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- It is so ordered. QUINCE, C.J., and WELLS, ANSTEAD, PARIENTE, LEWIS, and CANADY, JJ., concur. THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER THE EFFECTIVE DATE OF THESE AMENDMENTS. Original Proceedings Florida Rules of Criminal Procedure 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 B 7. DC # PRIMARY OFFENSE: PLEA OTHER 11. PRIMARY DOCKET # 9. GENDER M I. W 12. TRIAL F If Qualifier, please check ____A ____S ____C ____R (A=Attempt, S=Solicitation, C=Conspiracy, R=Reclassification) FELONY DEGREE 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) I. Prior capital felony triples Primary Offense points II. ________ ADDITIONAL OFFENSE(S): Supplemental page attached DOCKET# FEL/MM DEGREE _____________/ _________/ DESCRIPTION ______________/ QUALIFY COUNTS A S C R _______ POINTS x TOTAL ______ = ______ ______________/ _________ _______ X ______ = ______ ________________________________________________________________________________ _____________/ ________/ DESCRIPTION OFFENSE LEVEL _________ ________________________________________________________________________________ _____________/ ________/ DESCRIPTION F.S.# _____________/ _______ _________ X ______ = ______ ________________________________________________________________________________ _____________/ _________/ ______________/ _______ _________ 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) Supplemental page points ________ Prior capital felony triples Additional Offense points II. III. _________ VICTIM INJURY: 2nd Degree Murder Death Severe Moderate Number _______ _______ _______ _______ 240 x 120 x 40 x 18 x = = = = Total _______ _______ _______ _______ Slight Sex Penetration Sex Contact 4x 80 x 40 x Number _______ = _______ = _______ = Total ________ ________ ________ III. IV. PRIOR RECORD: Supplemental page attached FEL/MM F.S.# OFFENSE QUALIFY: DEGREE LEVEL A S C R DESCRIPTION NUMBER ______ POINTS TOTAL _ _ _ _ __ = _____ = _____ = _____ = _____ = _____ / / / / / ____ ____ ____ ____ ____ X X X X X / ____ X __ = _____ / / ____ ____ ____ X 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. VI. Legal Status violation = 4 Points Escape Fleeing Failure to appear Supersedeas bond Incarceration Pretrial intervention or diversion program Court imposed or post prison release community supervision resulting in a conviction V. Community Sanction violation before the court for sentencing Probation Community Control Pretrial Intervention or diversion 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 VII. Firearm/Semi-Automatic or Machine Gun = 18 or 25 Points VI. ________ _______ ________ VII. ________ VIII. ________ VIII. Prior Serious Felony - 30 Points ________ Subtotal Sentence Points IX. Enhancements (only if the primary offense qualifies for enhancement) Law Enforcement ProtectionLaw Enf. Protect. Drug TraffickingDrug Trafficker Grand Theft Motor VehicleMotor Vehicle Theft Street GangCriminal Gang Offense Domestic ViolenceDomestic Violence in the Presence of Related Child (offenses committed on or after 03/12/07) ____ x 1.5 ___x 1.5 ___ x 2.0 ___ x 2.5 ___ x 1.5 ___ x 1.5 ___ x 1.5 Enhanced Subtotal Sentence Points IX. ________ TOTAL SENTENCE POINTS ________ SENTENCE COMPUTATION If total sentence points are less than or equal to 44, the lowest permissible sentence is any non-state prison sanction. If total sentence points are greater than 44: __________________________ minus 28 = ____________________ x .75 =_____________________________________ lowest permissible prison sentence in months total sentence points 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 Months Days State Prison Life ___________ ___________ __________ County Jail Time Served ___________ ___________ __________ ___________ ___________ __________ ___________ __________ Community Control Probation Modified Please check if sentenced as or a ___________ habitual offender, habitual violent offender, violent career criminal, prison releasee reoffender, mandatory minimum applies. Mitigated Departure Plea Bargain 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.

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