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Board Cert 2024 > Florida Sentencing > Flashcards

Florida Sentencing Flashcards

1
Q

DL suspension Leaving the scene with injuries or death

A

At least 3 years

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2
Q

DL Suspension for racing

A

1 year for 1st offense
2 years for 2nd
4 years for 3rd

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3
Q

DL Suspension for reckless driving with SBI

A

1 year

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4
Q

DL Suspension for DUI 3rd within 10

A

At least 10 years

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5
Q

DL Suspension for DUI SBI

A

At least 3 years

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6
Q

DL Suspension for 4th DUI

A

Permanent

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7
Q

DL Suspension for DUI Manslaughter

A

Permanent

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8
Q

DL Suspension for fleeing

A

1-5 years

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9
Q

DL Suspension for vehicular homicide

A

At least 3 years

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10
Q

DL Suspension Grand Theft MV

A

No minimum but should be for the entire time of the punishment

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11
Q

DL Suspension for drugs

A

If driver of a MV, 1 year suspension. If not, 6 months

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12
Q

Primary goal of Florida sentencing

A

Punishment—rehabilitation is secondary

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13
Q

Sentence for murder if under 18 at the time

A

Sentencing hearing then life OR minimum of 40 years—review after 25 years

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14
Q

Sentence for Lewd under 12

A

Life or 25 f/b life probation OR if 2nd offense—mandatory life

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15
Q

Sentence for F1

A

30 years

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16
Q

Sentence for PBL

A

Up to life

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17
Q

Life felony sentence

A

Life (except for exceptions like lewd batt

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18
Q

F2 sentence

A

15 years

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19
Q

F3 sentence

A

5 years

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20
Q

M1 sentence

A

364 or 12 mop

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21
Q

M2 sentencing

A

60 PCJ or 6 mop

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22
Q

How many jurors to vote death

A

8

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23
Q

How long to seek death

A

Notice to defense and judge within 45 days of arraignment

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24
Q

Does judge have to follow jury recommendation in a death penalty case

A

If life, yes! If death, can impose life instead. Written order needed.

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25
Q

What charges cannot get a withhold of adjudication

A

-Fleeing and Battery on Elderly
-Capital, life, 1st degree felonies

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26
Q

Rules for withholding on F2 or F3 DV case or any F3 with prior withholds

A

Only can get one if the state requests it OR if the court makes written findings that a WH is reasonably justified based on mitigating factors
Cannot withhold on an F2 if D has any prior felony WH and cannot withhold on an F3 if 2 or more felony WHs

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27
Q

How many points do you need for court to impose a life sentence

A

363 (not mandatory)

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28
Q

What if sentence exceeds statutory max

A

MUST impose scoresheet sentence

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29
Q

Victim injury points (when are they allowed; can they be multiplied?)

A

Direct result of offense—doesn’t need to be an element
Can be multiplied if more than one offense or more than one victim but not multiple times for same incident/victim

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30
Q

Do victim injury points need to be found by jury

A

Yes BUT sometimes like when jury found “serious bodily injury” in the charge, they found that would be enough for jury findings

31
Q

What amount of victim injury points for cuts/bruises?

A

Slight only!

32
Q

What’s required to get sex penetration points?

A

Must be charged in Information!
Some entry into a body part, even if slight

33
Q

What’s required for sex contact points?

A

Touching sex organs is enough—but must be part of the elements or alleged in information

34
Q

How long are juvenile offenses listed on scoresheet

A

If committed 5 years before primary offense
EXCEPT: Sex offenses committed more than 5 years are included unless conviction free record for 5 years

35
Q

When can firearm enhancer be added?

A

Any offense other than 10-20-life if possessing a firearm OR if its an element of the crime (like pos of firearm by convicted felon)

36
Q

When can prior serious felony points be added

A

Primary or additional offense is level 8, 9 or 10 AND has one prior of those AND if supervision ended within 3 years

37
Q

When is trafficking enhancement added?

A

Primary offense only AND judge’s discretion

38
Q

Diff law enforcement sentencing enhancements (1.5; 2; 2.5)

A

Primary offense ONLY
1.5: agg batt, agg assault, unlawful taking of LEO’s firearm, assault or battery of LEO
2: Attempted murder or manslaughter or kidnapping of LEO (anything other than attempted 1st)
2.5: Attempted 1st or 2nd degree murder

39
Q

When does GTA enhancer get added?

A

Primary offense AND 3 or more prior convictions for it

40
Q

When is DV in front of child added?

A

Primary offense is DV AND in presence of child under 16

41
Q

Standard for judge giving downward departure

A

Preponderance of the evidence

42
Q

Downward Departure/Mitigation (12+2 addt’l)

A

PACT RV CV DUTY
1. Plea
2. Accomplice
3. Capacity to appreciate criminal nature
4. Treatment NOT for addiction and D amenable to treatment
5. Restitution
6. Victim initiator or provoker
7. Cooperated to resolve
8. Victim substantially compensated BEFORE
9. Duress
10. Unsophisticated manner
11. Too young to appreciate consequences
12. YO
13 and 14: Drug court; overdose

43
Q

HVFO

A

-1 prior conviction for enumerated felony within 5 years of current offense
-Enumerated are the big ones—but includes agg stalking and agg assault—ARMED burglary only though
-Sentence: double max BUT with min mans of 5 (F3), 10 (F2) and 15 (F1s)

44
Q

3 time violent felony offender

A

-2 or more enumerated offenses
-Current offense is enumerated
-5 years of conviction of most recent enumerated offenses
-Enumerated offenses same but add carjacking and home invasion/robbery
Sentence: mandatory max like PRR

45
Q

Violent Career Criminal (GORT)

A

-3 prior convictions with 3 sentencing dates for enumerated felonies
-Has been to prison
-Current offense is enumerated
-Current offense within 5 years of most recent enumerated offense
-Enumerated: Any forcible felony; L&L; anything with a gun; escape
Sentencing: Shall unless not necessary—10-15 for an F3; 30-40 for an F2; up to life on an F1

46
Q

Can sentencing enhancements be stacked?

A

No EXCEPT PRR with the others

47
Q

Which enhancements are discretionary (no min man even if imposed)

A

HFO and HVFO—

48
Q

10-20-life minimums

A

Posesss gun gets 10
Discharge gets 20
GBI or death 25-life

49
Q

10-20-life reclassification

A

Charged felony increased by a degree IF:
-Use of weapon not an essential element AND
-Carries, uses, or attempts to use it OR commits Agg Batt during commission of a felony

50
Q

10-20-life enumerated offenses

A

-The usual ones
PLUS burglary (conveyance is 3 years); agg stalking; trafficking

51
Q

Stacking min mans under 10-20-life

A

Only if gun discharged (not simply possessing) during single criminal episode
NOT mandatory for judge to do this
**poker robbery hypos—4 people; possess vs one round discharged)

52
Q

Min man for agg assault on LEO

A

3 years

53
Q

Min man for sale of drugs within 1000 feet of school

A

3 years

54
Q

Do guidelines apply to VOPS

A

YES if doing a revocation—can always modify or continue the probation even if they score

55
Q

Max prison for YO

A

6 years unless VOP and new, substantive offense then cap doesn’t apply anymore

56
Q

Mandatory early term/convert to administrative probation

A

-half the probation is over
-Completed all conditions
-no prior vops
-not precluded by plea
-not VFOSC

57
Q

VOP Cap for first time

A

90 PCJ and modification max if it’s a minor violations

58
Q

What qualifies for VFOSC

A

On probation for qualifying offense OR prior qualifying offense and currently on probation for anything after 2007

59
Q

Effects of VFOSC

A

-No bond and remain unless just $$
-Can’t modify without dangerousness hearing
-If danger, must revoke and follow scoresheet; if not danger, can modify or do other options

60
Q

YO Qualifiers

A

-21 at time of crime
-Life felonies are INELIGIBLE—but PBLs are ok
-Can be imposed on VOP for first time offenders

61
Q

Effects of YO on score, min mans, etc

A

-Departure reason
-Allowed to waive ALL min mans including 10/20/life
-Can withhold even on fleeing and batt on elderly
-Prison sentence requires conviction still though

62
Q

Possible YO sentences

A

TOTAL SUPERVISION 6 years: can’t exceed stat max
Split sentence of 4 f/b 2 max
VOP: total sentence still can’t exceed 6 years on technical—MAX AND MIN MANS BACK WITH SUBSTANTIVE VIOLATION but not required by judge!!!

63
Q

Juvenile Review periods

A

Intent to kill: 25 year as
No intent to kill 15 years
Non-homicide if sentenced to more than 20 years, review after 20 and again 10 years after that

64
Q

Standard for downward departure in Florida

A

Preponderance of the evidence—totality of the circumstances—need competent and substantial evidence of the reason

65
Q

Examples of non statutory reasons to downward depart

A

-relative culpability (compare a co-def who was more culpable’s sentence)
-no danger to society
-likely to respond to non-custodial treatment
-Not intentional—unlikely to reoccur

66
Q

2 step process for judge determining downward departure

A
  1. Are the mitigators proven
  2. If a downward departure is the best thing in this case
67
Q

If injured during sex offense, what victim injury points go on the scoresheet?

A

BOTH sex contact/penetration AND any additional injuries

68
Q

If more than 1 AV, how do victims injury points get calculated

A

Get them for each AV physically injured

69
Q

What causes level of an offense to go down?

A

Attempt, solicitation or conspiracies—1 level lower except levels 1 and 2 go to MMs

70
Q

What causes offense level to be reclassified higher?

A

Mask enhancement, use of a weapon during felony, commits agg battery during felony, taking of cops gun, sex batt with multiple people

71
Q

Is drug trafficking enhancement required?

A

No—optional

72
Q

When can a judge sentence to probation or community control

A

48 points or 54 for a technical VOP!

73
Q

Time limit on 3/850

A

2 years after judgment and sentence become final unless newly discovered evidence

74
Q

How much probation is allowable when authorized in federal sentencing?

A

1-5 years in felony

Board Cert 2024 (8 decks)

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