Opinion

Brown v. State

  • 585 So. 2d 1109
  • 1991 Fla. App. LEXIS 9055
  • 1991 WL 178174
Court
District Court of Appeal of Florida
Filed
Sep 11, 1991
Status
Published
Author
Threadgill
On the bench
Campbell, Schoonover, Threadgill
Cited by
0 cases
Authority
More cited than 26.9%

The opinion

THREADGILL, Judge.

Otis Brown was convicted of fourteen felony offenses, 1 arising from his involvement in a racketeering enterprise, and sentenced to life imprisonment with a six-year mandatory minimum. The offenses involved a series of burglaries of dwellings committed with a codefendant between December 27, 1987, and January 2, 1988, plus the armed robbery and theft of the occupants. The asportation of a child within one of the homes resulted in a kidnapping conviction. We find no merit in any of the appellant’s issues on appeal and affirm his convictions and sentences.

Although not properly preserved below for review one issue requires discussion because it could be raised later by motion to correct the sentences. 2 See State v. Whitfield, 487 So.2d 1045, 1046-1047 (Fla.1986). The appellant argues that the trial court erred in using an all felonies score-sheet, which produced a higher score, instead of a robbery scoresheet. This argument fails because it relies on a committee note no longer in effect on the date of the instant offenses. The last sentence of committee note (d)(3), upon which the appellant relies, previously read, “In the event of multiple offenses of the same statutory degree, the primary offense is identified by the corresponding offense category with the lowest numerical designation.” The Florida Bar: Amendment to Rules of Criminal Procedure (3.701, 3.988 — Sen tencing Guidelines), 468 So.2d 220 (Fla.1985). It is the appellant’s contention that because armed robbery and racketeering are both first-degree felonies the trial court should have used a robbery scoresheet, with a category three designation, not an all felonies scoresheet, which has a category nine designation.

This requirement, however, was deleted from the committee note before the appel *1110 lant committed his offenses. The Florida Bar Re: Rules of Criminal Procedure (Sentencing Guidelines, 3.701, 3.988), 482 So.2d 311 (Fla.1985). The deletion became effective October 1, 1986. § 921.0015, Fla. Stat. (Supp.1986). It was intended to reconcile the committee note with the redefinition of “primary offense” 3 previously approved in 468 So.2d at 222 and with the text of revised Florida Rule of Criminal Procedure 3.701(d)(3). Id. We therefore find that the trial court used the correct scoresheet in calculating the appellant’s sentence.

Affirmed.

SCHOONOVER, C.J., and CAMPBELL, J., concur.

. Racketeering, § 895.03(3), Fla.Stat. (1987); Burglary, three (3) counts, § 810.02, Fla.Stat. (1987); Attempted Burglary, §§ 810.02 and 777.-04, Fla.Stat. (1987); Grand theft, § 812.-014(2)(c), Fla.Stat. (1987); Armed Robbery, four (4) counts, § 812.13(2)(a), Fla.Stat. (1987); Attempted Armed Robbery, three (3) counts, §§ 812.13(2)(a) and 777.04, Fla.Stat. (1987); and Kidnapping, § 787.01(l)(a)2., Fla.Stat. (1987).

. Florida Rule of Criminal Procedure 3.800, authorizes a court to correct at any time an incorrect calculation in a sentencing guidelines score-sheet.

. The definition of "primary offense" was changed from "the most serious offense at conviction" to "that offense which, when scored on the guidelines scoresheet, recommends the most severe sanction.” See The Florida Bar Amendment to Rules of Criminal Procedure (3.701, 3.988 — Sentencing Guidelines), 468 So.2d at 222 (Fla.1985), approved again, 482 So.2d at 311 .

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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