D.P., A CHILD, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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We granted by unpublished order the petition for writ of habeas corpus filed by D.P., a juvenile, challenging his continued secure detention, based upon an allegedly improperly scored Risk Assessment Instrument (RAI). We now write to explain the order.
D.P. is sixteen years of age and was charged with the offense of carrying a concealed firearm. Under section 3 of the RAI, he was given ten points for a third-degree felony involving the use and possession of a firearm. He was also scored an additional three points under that same *1204section for the aggravating circumstance of illegal possession of a firearm. This resulted in a score exceeding the twelve points necessary for secure detention. Because the firearm possession was already factored into the initial scoring of ten points, it could not be used again without impermissibly double scoring the same conduct already accounted for in the RAI. P.A.J. v. Gnat, 684 So.2d 310 (Fla. 1st DCA 1996); D.G. v. Miles, 872 So.2d 343 (Fla. 2d DCA 2004). Consequently, D.P. was ineligible for secure detention because he scored less than twelve points.
PETITION FOR HABEAS CORPUS GRANTED.
MONACO, EVANDER and COHEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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M.W. v. Dep't OF Juv. Just., 15 So. 3d 782 (Fla. 1st DCA 2009)…e point attributable to his prior record, resulted in a score in excess of the 12 points necessary to justify secure detention. Petitioner challenges inclusion of the additional 3 points. We agree with our sister court’s conclusion in D.P. v. State, 8 So. 3d 1203 (Fla. 5th DCA 2009), that this scoring method runs afoul of the prohibition on “double-scoring” additional aggravation points for factors already accounted for and quantified in the RAI. See P.A.J. v. Gnat, 684 So. 2d 310 (Fla. 1st DCA 1996); D.G.H.…
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J.S. v. Seeber, 242 So. 3d 1069 (Fla. 2d DCA 2018)…er committed one or more of the crimes charged, the trial court shall then determine the need for continued detention and shall use an amended Risk Assessment Instrument to determine the petitioner's placement into detention care. See P.P. v. State, 8 So. 3d 1203 (Fla. 5th DCA 2009) ("Because the firearm possession was already factored into the initial scoring often points [for the charge of carrying a concealed firearm], it could not be used again without impermissibly double scoring the same conduct alread…
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A.B. v. State (Fla. 5th DCA 2018)…m. At her detention hearing, A.B. correctly objected to the three points scored in section III(F) as effectively double scoring her possession of the concealed firearm; the State properly agreed with this objection. See D.P., a Child, v. State, 8 So. 3d 1203 (Fla. 5th DCA 2009). 1 We recognize that our ruling will have limited durational impact on A.B.’s current placement, but her case is not moot at the time we are issuing our opinion. 3 The trial cour…
Authorities Cited
- In the Interest of P.A.J. v. Gnat, 684 So. 2d 310 (Fla. 1st DCA 1996)
- D. G. v. Adonis Miles, 872 So. 2d 343 (Fla. 2d DCA 2004)