Narrative Opinion Summary
The case involves a petition by the Sentencing Guidelines Commission for procedural amendments to the sentencing guidelines to incorporate new felonies introduced by recent legislation. The primary legal matter centers on the classification and categorization of these offenses within the existing framework. The court has agreed to amend rules 3.701(c) and 3.988(d) to reflect these changes, effective July 1, 1989. Specifically, battery against employees of the Department of Health and Rehabilitative Services is now classified as a Category 4 felony, indicating a violent personal crime. Additionally, the offenses of unlawfully dumping significant quantities of litter and unlawfully interfering with child custody are designated as third-degree felonies and fall under Category 9, which includes felonies not categorized elsewhere. The decision was unanimously supported by the justices, and the amendments maintain existing language without any deletions. The appendix provides a detailed outline of the nine offense categories under rule 3.701, with particular emphasis on the new classifications.
Legal Issues Addressed
Amendment of Sentencing Rulessubscribe to see similar legal issues
Application: The court agrees to amend rules 3.701(c) and 3.988(d) to incorporate newly classified felonies, effective July 1, 1989.
Reasoning: The Court agrees and amends rules 3.701(c) and the heading of rule 3.988(d) to reflect this classification, while the accompanying form for rule 3.988(d) remains unchanged.
Categorization of Violent Personal Crimessubscribe to see similar legal issues
Application: Battery against Department of Health and Rehabilitative Services employees is classified as a Category 4 felony for violent personal crimes.
Reasoning: Specifically, section 381.411(4) of the Florida Statutes classifies battery against Department of Health and Rehabilitative Services employees as a third-degree felony, which the Commission recommends categorizing as a Category 4 felony for violent personal crimes.
Classification of New Felonies in Sentencing Guidelinessubscribe to see similar legal issues
Application: The Sentencing Guidelines Commission's proposal to classify certain new felonies established by recent legislation is adopted, updating the corresponding rules accordingly.
Reasoning: The Sentencing Guidelines Commission has petitioned for procedural changes to the sentencing guidelines to include new felonies established by recent legislation.
Inclusion of Miscellaneous Felonies in Category 9subscribe to see similar legal issues
Application: Offenses such as unlawfully dumping large quantities of litter and unlawfully interfering with child custody are categorized under Category 9, which encompasses felonies not classified elsewhere.
Reasoning: Additionally, two other offenses have been designated as third-degree felonies: unlawfully dumping more than 500 pounds or 100 cubic feet of litter (section 403.413(5)(c)) and unlawfully interfering with child custody (section 787.03(1)). These offenses will fall under Category 9, which includes all felonies not categorized elsewhere.