Opinion
No. 1D19-2331
06-10-2020
Gerald Robert-Vernon BOWLING, Appellant, v. STATE of Florida, Appellee.
Andy Thomas, Public Defender, and Jasmine Russell, Assistant Public Defender, Tallahassee, for Appellant. Ashley Moody, Attorney General, and Quentin Humphrey, Assistant Attorney General, Tallahassee, for Appellee.
Andy Thomas, Public Defender, and Jasmine Russell, Assistant Public Defender, Tallahassee, for Appellant.
Ashley Moody, Attorney General, and Quentin Humphrey, Assistant Attorney General, Tallahassee, for Appellee.
Per Curiam.
Gerald Robert-Vernon Bowling appeals his sentence of twenty-four months in state prison imposed after being adjudicated guilty of felony petit theft. Mr. Bowling's criminal punishment code scoresheet total was 20.6 points. He argues on appeal that the trial court erred in sentencing him to state prison when his criminal punishment code total was less than twenty-two points, and the jury did not make a finding of dangerousness. We agree and reverse. See Gaymon v. State , 288 So. 3d 1087, 1089–90 (Fla. 2020) ; Brown v. State , 260 So. 3d 147, 149 (Fla. 2018).
We also find that the State failed to show the error was harmless where all but one of Appellant's prior convictions occurred in 2000. See Booker v. State , 244 So. 3d 1151, 1165–66 (Fla. 1st DCA 2018) (holding the error was not harmless where the defendant's sentencing points were close to the twenty-two-point cutoff, and he had committed prior offenses), overruled on other grounds by Gaymon , 288 So. 3d at 1089.
Therefore, we reverse Mr. Bowling's sentence and remand the case for resentencing. On remand, the trial court is directed to empanel a jury to make the determination of dangerousness, if the State still seeks a finding of dangerousness under section 775.082(10), Florida Statutes. See Gaymon , 288 So. 3d at 1089–90.
REVERSED and REMANDED .
Wolf, Bilbrey, and M.K. Thomas, JJ., concur.