Clearwater Criminal Lawyer Blog
In Florida criminal sentencing, trial courts must strictly follow procedural and statutory requirements when calculating prison terms, particularly when a sentence includes both habitual offender penalties and probation revocation. If they fail to do so, it may result in errors on sentencing scoresheets that can result in unlawful sentences, as demonstrated in a recent Florida case. If you are facing sentencing or resentencing in a Florida criminal case, a Clearwater criminal defense attorney can help you ensure that your rights are protected at every stage of the proceedings.
Facts of the Case
It is reported that the defendant was originally placed on probation following convictions for two third-degree felonies: felony battery and robbery by sudden snatching. The trial court imposed concurrent five-year probation terms for these offenses in 2021. While on probation, the defendant was arrested and later convicted of arson, a first-degree felony under Florida law. Following his conviction, the court held a combined hearing to address both the probation revocation and sentencing for the arson offense. The defendant was adjudicated guilty of violating his probation based on the new arson conviction.
It is further reported that during the sentencing hearing, the State submitted a single scoresheet that listed the arson conviction as the primary offense and included the two prior third-degree felonies as additional offenses. The court found that the defendant qualified as a habitual felony offender and imposed a life sentence for the arson conviction under Florida’s habitual offender statute. The court then imposed concurrent sentences of 64.95 months for the two prior offenses based on the scoresheet, which calculated this as the lowest permissible sentence under the Criminal Punishment Code. The defendant appealed, arguing that his sentence for the probation violations was illegal.
Sentencing Errors in Florida Criminal Cases
On appeal, the court affirmed the revocation of probation but vacated the defendant’s sentences on the probation violations. The court began its analysis by clarifying that Florida’s sentencing framework distinguishes between habitual felony offender sentencing and sentencing under the Criminal Punishment Code (CPC). Under Florida law, habitual offender sentencing is separate from and not subject to the CPC. Accordingly, a conviction punished under the habitual offender statute should not appear on a CPC scoresheet.
The court held that the trial court committed reversible error by including the arson offense, which was sentenced under the habitual offender statute, on the CPC scoresheet used to calculate the sentences for the probation violations. This inclusion inflated the lowest permissible sentence beyond the five-year statutory maximum applicable to the third-degree felonies. Because Florida law mandates that the CPC scoresheet must not include habitual offender sentences, the resulting prison terms of 64.95 months were deemed illegal.
The court also rejected the State’s argument that the defendant had waived his right to challenge the sentence by failing to object at the sentencing hearing. The defendant had filed a motion to preserve the sentencing error for appeal, and the court concluded that passive acquiescence to a scoresheet error did not amount to invited error. The panel unanimously agreed that the error required reversal and remanded the case for resentencing using a properly prepared scoresheet that excluded the arson offense.
Speak to a Clearwater Criminal Defense Attorney About Your Case
Sentencing errors can have profound and lasting consequences for individuals involved in the Florida criminal justice system. If you are facing a sentencing or probation violation hearing in Florida, it is critical to work with an attorney who understands the intricacies of Florida’s sentencing laws and will protect your rights from beginning to end. The experienced Clearwater criminal defense lawyers at Hanlon Law are ready to review your case and help you pursue the best possible outcome. Call us today at 727-897-5413 or contact us online to schedule a confidential consultation.