SAUD TARAWNEH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court erred in using a Category 1 scoresheet for sentencing when the offenses involved capital murder, which is excluded from that category.
Appellant was convicted of four inchoate offenses: solicitation to commit first-degree murder and three counts of conspiracy to commit first-degree mu…
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PER CURIAM.
This is an appeal from a final order which partially denied a motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We reverse and remand for resentencing with an appropriate sentencing scoresheet.
Appellant correctly notes that on the face of the Category 1 scoresheet, for murder and manslaughter, there is an exception for capital murder pursuant to section 782.04(1)(a), Florida Statutes (1989). Appellant was convicted of four inchoate offenses, solicitation to commit first degree murder and three counts of conspiracy to commit first degree murder. He looks to the committee notes to rule 3.701, Florida Rules of Criminal Procedure, which state the following:
(c) Only one category is proper in any particular case. Category 9, “All Other Felony Offenses,” should be used only when the primary offense at conviction is not included in another, more specific category. The guidelines do not apply to capital felonies.
Inchoate offenses are included within the category of the offense attempted, solicited, or conspired to, as modified by Ch. 777....
Appellant persuasively argues that while the Category 1 scoresheet would be appropriate for murder or manslaughter other than capital murder, its express exclusion of capital murder makes use of the score-sheet error. Since Category 1 was not applicable, and as his offenses do not fall under any other express category, the only remaining category applicable is Category 9, designated for “all other felony offenses.” See Vance v. State, 565 So. 2d 915 (Fla. 4th DCA), rev. dismissed, 574 So. 2d 144 (Fla.1990); Robertson v. State, 559 So. 2d 352 (Fla. 1st DCA 1990); State v. Hutcheson, 501 So. 2d 190 (Fla. 5th DCA 1987).
GLICKSTEIN, C.J., and DOWNEY and ANSTEAD, JJ., concur.
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Hayles v. State, 608 So. 2d 13 (Fla. 1992)…KOGAN, Justice. We have for review Hayles v. State, 596 So. 2d 1236 (Fla. 1st DCA 1992), which certified conflict with Tarawneh v. State, 588 So. 2d 1006 (Fla. 4th DCA 1991). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. Lee Robertson Hayles was convicted and sentenced for solicitation of first-degree murder in violation of section 777.04(2), Florida Statutes (1989). The trial court used a ca…
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Roth v. State, 601 So. 2d 613 (Fla. 3d DCA 1992)…filed a motion to correct illegal sentence under Rule 3.800. He contends that attempted murder must be scored under a category 9 scoresheet, rather than a category 1 scoresheet. The fourth district court of appeal has so held. See Tarawneh v. State, 588 So. 2d 1006 (Fla. 4th DCA 1991), review denied, 598 So. 2d 78 (Fla. Feb. 17, 1992). Contra Hayles v. State, 596 So. 2d 1236 (Fla. 1st DCA 1992); Orr v. State, 17 F.L.W. D866 (Fla. 5th DCA Apr. 3,1992). He argues that under the category 9 scoresheet, he would ha…
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Hayles v. State, 596 So. 2d 1236 (Fla. 1st DCA 1992)…djudged Hayles guilty and sentenced him to a term of 17 years imprisonment followed by 13 years probation. In deriving the sentence, the trial court utilized a category 1 scoresheet. Fla.R.Crim.P. 3.988(a). Appellant, relying upon Tarawneh v. State, 588 So. 2d 1006 (Fla. 4th DCA 1991), urges error in the trial court’s use of this scoresheet in determining a guidelines sentence. Florida Rule of Criminal Procedure 3.701(c) requires the use of a category 1 scoresheet for the following offenses: “Murder, manslaug…1 / 2
Previewing 3 of 11 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Hutcheson, 501 So. 2d 190 (Fla. 5th DCA 1987)
- Robertson v. State, 559 So. 2d 352 (Fla. 1st DCA 1990)
- Garland Vance v. State, 565 So. 2d 915 (Fla. 4th DCA 1990)