DANIEL F. JAGGERS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Daniel Jaggers was convicted of lewd and lascivious assault on a child and sentenced to fifteen years. The Florida appellate court affirmed his conviction but reversed the sentence due to procedural defects in the trial court's application of sentencing guidelines.
The trial court did not reversibly err in excluding the psychiatrist's testimony. However, the trial court erred in imposing sentence without a proper guidelines scoresheet before it, as it must make an initial determination of the sentencing guidelines range before imposing a sentence outside that range.
[1] A trial court must determine the sentencing guidelines range before imposing a sentence outside that range.
[2] A trial judge cannot make an initial determination of the recommended sentence range without a scoresheet before them.
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Join FLexlaw to unlock all legal intelligence“It is now well-established that the trial court must make an initial determination of the sentencing guidelines range before the court can properly impose sentence outside such range.”
Establishes the controlling legal standard for guidelines departures
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Join FLexlaw to unlock all legal intelligenceAppellant was found guilty of committing a lewd and lascivious assault upon a twelve-year-old girl in violation of Section 800.04, Florida Statutes (1…
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NIMMONS, Judge.
Appellant was found guilty of committing a lewd and lascivious assault upon a twelve year old girl in violation of Section 800.04, Florida Statutes (1981), and sentenced to fifteen years incarceration. We find no merit in the appellant’s assertion that the trial court reversibly erred in excluding the testimony of a psychiatrist and therefore affirm the conviction. However, we find that the court erred in imposing sentence and remand for resentencing.
The trial judge apparently did not have a proper guidelines scoresheet before him when he imposed the appellant’s sentence. The record indicates that two score-sheets had been prepared for the sentencing hearing. The original scoresheet indicated a recommended sentence of seven to nine years. Appellant’s counsel objected to the calculations made in this scoresheet. This scoresheet is contained in the record and has the word “void” written on its face. Counsel for appellant then informed the trial court that a revised scoresheet had been prepared. However, the record does not contain this second scoresheet.
There is no evidence that the trial judge relied upon any scoresheet before imposing the appellant’s sentence. In fact, the judge stated that he was departing from the guidelines regardless of which scoresheet would be accepted.
It is now well-established that the trial court must make an initial determination of the sentencing guidelines range before the court can properly impose sentence outside such range. Jackson v. State, 454 So. 2d 691 (Fla. 1st DCA 1984), modified, 478 So. 2d 1054 (Fla.1985). A trial judge who does not have a scoresheet before him when he imposes sentence cannot make an initial determination of the recommended sentence range. Gage v. State, 461 So. 2d 202 (Fla. 1st DCA 1984).
We have considered and reject the appellant’s additional argument that he never made a valid election to be sentenced under the guidelines.
Finally, the appellant asserts that the reasons given for guidelines departure were not valid. We will not presume that, upon resentencing, the trial court, with the benefit of a valid guidelines scoresheet, will see fit to impose sentence outside the guidelines range or that, if a departure sentence is imposed, the court will rely upon the same reasons for departure. Accordingly, we decline to address the reasons for departure.
Judgment AFFIRMED, sentence REVERSED and cause REMANDED for further proceedings consistent with this opinion.
MILLS and WENTWORTH, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Jaggers v. State, 509 So. 2d 1165 (Fla. 1st DCA 1987)…encing him by departing from the sentencing guidelines recommendation of 12-30 months incarceration or community control. We agree and reverse. This is the second time that Jaggers has appealed the sentence for this conviction. In Jaggers v. State, 492 So. 2d 418 (Fla. 1st DCA 1986), this court reversed appellant’s 15 year sentence because there was no evidence that the trial court relied upon a sentencing scoresheet before imposing appellant’s sentence. Appellant was resentenced on October 3, 1986. The sco…
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Elvin Lee Moore v. State, 519 So. 2d 22 (Fla. 3d DCA 1987)…recommendations is available for its consideration. Tucker v. State, 464 So. 2d 211 (Fla. 3d DCA 1986), overruled on other grounds, State v. Whitfield, 487 So. 2d 1045 (Fla.1986); Davis v. State, 493 So. 2d 82 (Fla. 1st DCA 1986); Jaggers v. State, 492 So. 2d 418 (Fla. 1st DCA 1986). In this case, the fact that no scoresheet was prepared without removing points for the inapplicable robbery conviction requires that Moore again be sentenced after the defect has been cured. This is because the trial court may w…
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State v. Paul, 537 So. 2d 702 (Fla. 4th DCA 1989)…e, reversal for resentencing based on an accurate and approved guidelines scoresheet is warranted. Fla.R.Crim.P. 3.701(d)(1); Richards v. State, 502 So. 2d 1000 (Fla. 2d DCA 1987); Parker v. State, 506 So. 2d 86 (Fla. 2d DCA 1987); Jaggers v. State, 492 So. 2d 418 (Fla. 1st DCA 1986). The parties’ dispute over the accuracy of the guidelines scoresheet, the absence of proof as to its accuracy, and the fact that the trial court did not approve the score-sheet prior to rendering sentencing compels that the sente…
Authorities Cited
- State v. Jackson, 478 So. 2d 1054 (Fla. 1985)
- Jackson v. State, 454 So. 2d 691 (Fla. 1st DCA 1984)
- Gage v. State, 461 So. 2d 202 (Fla. 1st DCA 1984)