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Floyd v. State

Supreme Court of Florida
Dec 15, 1998
721 So. 2d 1163 (Fla. 1998)

Summary

holding that under the 1994 amendments to the sentencing guidelines, “if the guidelines sentence—i.e., the ‘true’ recommended guidelines sentence—exceeds the statutory maximum, the court is authorized to impose the guidelines sentence”

Summary of this case from Miller v. State

Opinion

No. 92602.

October 1, 1998. Rehearing Denied December 15, 1998.

Appeal from the Circuit Court, Escambia County, Kenneth L. Williams, J.

Glen P. Gifford, Assistant Public Defender, Second Judicial Circuit, Tallahassee, for Petitioner.

Robert A. Butterworth, Attorney General, James W. Rogers, Tallahassee Bureau Chief, Criminal Appeals, and Charmaine M. Mill-saps, Assistant Attorney General, Tallahassee, for Respondent.


We have for review Floyd v. State, 707 So.2d 833 (Fla. 1st DCA 1998), based on conflict with Myers v. State, 696 So.2d 893 (Fla. 4th DCA 1997), quashed, 713 So.2d 1013, 23 Fla. L. Weekly S400 (Fla. 1998). We have jurisdiction. Art. V, § 3(b)( 3), Fla. Const. We approve Floyd as explained below.

Charles William Floyd entered a plea of nolo contendere to driving with a suspended license, driving under the influence of alcohol resulting in serious injuries, and leaving the scene of an accident with injuries — all third-degree felonies as charged. The trial court accepted the plea. The median recommended sentence under the guidelines was 5.09 years, and the recommended range was between 3.81 years to 6.36 years. The statutory maximum for each of the offenses was five years. The trial court sentenced Floyd to three concurrent six-year terms, and the district court affirmed. He now contends that the court erred in sentencing in excess of 5.09 years. We disagree.

See § 921.0014, Fla. Stat. (1993) (explaining that the median recommended sentence is equal to "total sentence points minus 28").

We recently addressed this issue in Mays v. State, 23 Fla. L Weekly S387, 717 So.2d 515 (Fla. 1998), wherein we construed the 1994 amendment to the sentencing guidelines. We explained that if the guidelines sentence — i.e., the "true" recommended guidelines sentence — exceeds the statutory maximum, the court is authorized to impose the guidelines sentence. In the present case, the "true" recommended guidelines sentence, i.e., six years, exceeds the statutory maximum, i.e., five years. The court thus was authorized to exceed the maximum and impose the six-year terms. We approve the result in Floyd on this issue.

We decline to address the other issue raised by Floyd since it was not the basis for our review.

It is so ordered.

HARDING, C.J., and OVERTON and WELLS, JJ., concur.

PARIENTE, J., concurs in part and dissents in part with an opinion, in which KOGAN and ANSTEAD, JJ., concur.

PARIENTE, Justice, concurring in part and dissenting in part.

I concur in part and dissent in part for the reasons expressed in my opinion in Mays v. State, 23 Fla. L. Weekly S387, S387-88, 717 So.2d 515 (Fla. 1998) (Pariente, J., concurring in part and dissenting in part). Accordingly, in my opinion, the maximum sentence the trial court could impose beyond the five-year statutory maximum was 5.09 years, which was the "recommended sentence" based on the scoresheet calculations. KOGAN and ANSTEAD, JJ., concur.


Summaries of

Floyd v. State

Supreme Court of Florida
Dec 15, 1998
721 So. 2d 1163 (Fla. 1998)

holding that under the 1994 amendments to the sentencing guidelines, “if the guidelines sentence—i.e., the ‘true’ recommended guidelines sentence—exceeds the statutory maximum, the court is authorized to impose the guidelines sentence”

Summary of this case from Miller v. State
Case details for

Floyd v. State

Case Details

Full title:Charles William FLOYD, Petitioner, v. STATE of Florida, Respondent

Court:Supreme Court of Florida

Date published: Dec 15, 1998

Citations

721 So. 2d 1163 (Fla. 1998)

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