State v. Gabriel
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The Supreme Court answered in the affirmative a question certified to it by the Fifth District Court of Appeals and quashed the Fifth District's decision in this case, holding that the lowest permissible sentence as defined by Fla. Stat. 921.0024(2) is an individual minimum sentence and not a collective minimum sentence where there are multiple convictions subject to sentencing on a single scoresheet.
Defendant was convicted of attempted first-degree murder and other crimes. The Fifth District reversed the attempted first-degree murder, and Defendant was resentenced for his remaining conviction. The Criminal Punishment Code Scoresheet indicated that the lowest permissible sentence (LPS) was 107.25 months. The trial court concluded that the LPS is an individual minimum sentence that must be applied to each offense if the LPS exceeds each individual statutory maximum sentence. The Fifth District reversed, ruling that the LPS is an individual minimum sentence that applies to each offense even though the LPS did not exceed the statutory maximum sentence for the primary offense. The Supreme Court quashed the Fifth District's decision, holding that the LPS is an individual minimum sentence that must be imposed when the LPS exceeds the statutory maximum sentence for each offense.
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