In Re Rules of Crim. Proc.(sent. Guidelines)

Citation: 439 So. 2d 848Docket: 63962

Court: Supreme Court of Florida; September 8, 1983; Florida; State Supreme Court

SummaryOriginalCytator Case TreatmentBackward CitatorAnalysis

EnglishEspañolSimplified EnglishEspañol Fácil

The Supreme Court of Florida adopted a rule of criminal procedure, known as rule 3.701 and form 3.988, to implement sentencing guidelines in compliance with the legislature's enactment of section 921.001, Florida Statutes (1983). The guidelines aim to standardize sentencing practices, reducing variability and subjectivity in sentencing decisions. Key principles include: 

1. Sentencing should be impartial regarding race, gender, and socioeconomic status.
2. The primary aim is punishment, with rehabilitation as a secondary goal.
3. Penalties should match the crime's severity and surrounding circumstances.
4. Sentencing severity should increase with the offender’s criminal history.
5. Sentences should reflect actual time to be served, with reductions only for gain time.
6. Judges may depart from guidelines but must provide clear, written justifications.
7. Incarceration should be limited to serious offenses and those with extensive criminal histories, using the least restrictive sanctions necessary.

The offenses are categorized into nine groups, including murder, sexual offenses, robbery, violent crimes, burglary, theft, drug offenses, weapons offenses, and other felonies. The guidelines will take effect for offenses committed after October 1, 1983, and can apply to prior offenses if selected by the defendant.

A scoresheet must be prepared for each defendant for all pending offenses before sentencing, managed by the state attorney's office and reviewed by defense counsel unless directed otherwise by the judge. The sentencing judge must approve the scoresheets. "Conviction" encompasses any determination of guilt from either a plea or trial, irrespective of adjudication status. The "primary offense" is the most serious conviction, determined by statutory degree and, in cases of equal degree, the lowest numerical category. Additional offenses at conviction are scored based on their degree and count.

"Prior record" includes any past criminal convictions prior to the current offense, covering Florida, federal, out-of-state, military, and foreign convictions, excluding entries with no disposition or non-conviction records. For scoring, assign scores based on the analogous Florida statute. If the classification of an offense is uncertain, it defaults to misdemeanor or, if ambiguous, a third-degree felony. Prior records include criminal traffic offenses as misdemeanors. Offenders with a conviction-free record for ten years preceding the current offense are exempt from scoring their adult records. Juvenile records equivalent to convictions within three years of the current offense are included.

Legal status at the time of the offense includes various categories such as parolees, probationers, and fugitives. Victim injury is not scored unless it factors into the current offense. Sentencing guidelines provide presumptive sentences based on the composite score, allowing discretion without a written explanation for deviations. Mandatory sentences take precedence over guideline recommendations if they differ. For offenses with guideline sentences exceeding statutory maximums, the statutory maximum must be imposed.

Departures from presumptive sentencing guidelines are discouraged unless clear and convincing reasons for aggravation or mitigation are provided. Any deviation must be supported by a written statement, excluding considerations related to the current offense or unconvicted prior arrests. Each offense requires a separate sentence, but the total cannot exceed the guideline sentence without a written justification. Community control, an intensive form of supervised custody, may be imposed when probation is deemed unsuitable, adhering to statutory limits.

The committee notes clarify that these rules do not alter existing laws or proof standards regarding sentencing, and they are binding on the sentencing court. A single offense category should be designated per case, with Category 9 reserved for offenses not fitting into more specific categories. Capital felonies are exempt from these guidelines. Inchoate offenses fall under the attempted, solicited, or conspired categories as per Chapter 777.

When sentencing for probation violations, the new sentence must comply with the guidelines. The sentencing court is ultimately responsible for the accuracy of scoresheets, which defense counsel cannot be forced to submit. Probation and parole officers may be tasked with creating scoresheets only if a presentence investigation is ordered. 

The appropriate offense category is determined by the primary offense, with multiple offenses sorted by statutory degree. No points are awarded for lesser included offenses or offenses within the same act or transaction. All prior felony and misdemeanor convictions under Florida law must be scored unless time has discharged them. Any uncertainties in scoring should favor the defendant, with trial judges resolving disagreements over prior record scoring. Prior records include all convictions, regardless of adjudication status or expungement, and juvenile dispositions—excluding status offenses—are considered alongside adult convictions. However, adjudications are excluded from consideration if three years have elapsed between the disposition and the current offense. Points for victim injury are only assigned when the defendant is convicted of an offense that involves physical impact or contact, and injury scoring is limited to physical trauma for each victim injured.

The document outlines sentencing guidelines for various offenses, allowing courts flexibility in imposing probation, incarceration, or alternative dispositions. Key points include:

- Courts can impose any lawful probation term, including non-incarcerative options, for first guideline cells related to nonstate prison sanctions. Presumptive sentences pertain to state prison commitments.
- For offenders convicted under enhancement statutes, the reclassified offense degree is used for scoring.
- Written statements justifying any sentence departures must be included in the record, detailing reasons for the departure while prohibiting consideration of unconvicted offenses.
- Sentences under specific acts, such as the Youthful Offender Act or the Mentally Disordered Sex Offender Act, do not need to adhere to the guidelines.
- Sentences must align with guidelines unless justified, with total sentences not exceeding guideline limits unless specific provisions are met.
- Community control is an option for state prison sentences under 24 months without a required justification.
- Detailed sentencing grids for homicide (Category 1), sexual offenses (Category 2), and robbery (Category 3) are provided, listing points based on offense degree, number of counts, prior convictions, legal status at the time of the offense, and victim injury. Recommended sentencing ranges vary significantly across categories and offenses. 

The document serves as a framework to ensure consistency and transparency in sentencing while allowing judicial discretion based on specific case factors.

The document outlines sentencing guidelines across several categories of offenses, detailing the points associated with primary offenses, additional offenses, prior convictions, legal status at the time of the offense, and victim injury. 

**Category 3 (Robbery):** 
- Points range for various counts: Life (34-53), 1st Degree (14-19), 2nd Degree (10-14), 3rd Degree (7-10).
- Prior convictions impact sentencing severity, with cumulative counts leading to life sentences or varying years of incarceration based on points.
- Victim injury classifications affect sentencing, with severe injury resulting in higher point totals.

**Category 4 (Violent Personal Crimes):**
- Points for primary offenses range from Life (73-112) to various degrees of felony based on the number of counts.
- Prior convictions and victim injury levels similarly influence sentencing, with a life sentence applicable for extensive prior offenses or severe injury.

**Category 5 (Burglary):**
- Primary offense points can lead to a life sentence or specific ranges for varying degrees, with additional offenses and prior convictions impacting the overall sentencing.
- Victim injury classifications contribute to the point total and, consequently, the recommended range.

**Category 6 (Thefts, Forgery, Fraud):**
- Similar structure regarding points and sentencing recommendations, with life sentences applicable for extensive prior convictions and severe offenses.
- Legal status at the time of the offense also plays a role in determining the sentence severity.

Overall, the document emphasizes a structured approach to sentencing based on the severity of the offense, prior record, and the impact on victims, with specific point thresholds leading to various recommended ranges of incarceration or sanctions.

Victim injury categories assign points based on the severity of injury: None (0), Slight (3), Moderate (6), and Death or severe (9). For Category 6 (Thefts, Forgery, Fraud), the total points range from 13-36, which may lead to non-state prison sanctions or community control, with incarceration terms scaling up from 12-30 months to life based on points. 

In Category 7 (Drugs), similar point assignments apply, with recommended ranges from 42-75 points leading to non-state prison sanctions to life imprisonment, depending on prior record and legal status at the time of the offense. 

Category 8 (Weapons) follows the same structure, with points assigned for primary offenses, additional offenses, and prior convictions affecting sentencing, ranging from 15-49 points for non-state prison sanctions to life.

Category 9 (All other felony offenses) includes a broader range of offenses with point systems reflecting primary and additional convictions and prior records, leading to recommended ranges of 52-108 points for non-state prison sanctions to life sentences.

Legal status influences point totals, with restrictions affecting point accumulation. Victim injury classifications also contribute to the total points, impacting the overall sentencing range. Each category has clearly defined points and recommended ranges for sentencing based on the crime's severity and the offender's history.