Florida Sentencing Flashcards
DL suspension Leaving the scene with injuries or death
At least 3 years
DL Suspension for racing
1 year for 1st offense
2 years for 2nd
4 years for 3rd
DL Suspension for reckless driving with SBI
1 year
DL Suspension for DUI 3rd within 10
At least 10 years
DL Suspension for DUI SBI
At least 3 years
DL Suspension for 4th DUI
Permanent
DL Suspension for DUI Manslaughter
Permanent
DL Suspension for fleeing
1-5 years
DL Suspension for vehicular homicide
At least 3 years
DL Suspension Grand Theft MV
No minimum but should be for the entire time of the punishment
DL Suspension for drugs
If driver of a MV, 1 year suspension. If not, 6 months
Primary goal of Florida sentencing
Punishment—rehabilitation is secondary
Sentence for murder if under 18 at the time
Sentencing hearing then life OR minimum of 40 years—review after 25 years
Sentence for Lewd under 12
Life or 25 f/b life probation OR if 2nd offense—mandatory life
Sentence for F1
30 years
Sentence for PBL
Up to life
Life felony sentence
Life (except for exceptions like lewd batt
F2 sentence
15 years
F3 sentence
5 years
M1 sentence
364 or 12 mop
M2 sentencing
60 PCJ or 6 mop
How many jurors to vote death
8
How long to seek death
Notice to defense and judge within 45 days of arraignment
Does judge have to follow jury recommendation in a death penalty case
If life, yes! If death, can impose life instead. Written order needed.
What charges cannot get a withhold of adjudication
-Fleeing and Battery on Elderly
-Capital, life, 1st degree felonies
Rules for withholding on F2 or F3 DV case or any F3 with prior withholds
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
How many points do you need for court to impose a life sentence
363 (not mandatory)
What if sentence exceeds statutory max
MUST impose scoresheet sentence
Victim injury points (when are they allowed; can they be multiplied?)
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
Do victim injury points need to be found by jury
Yes BUT sometimes like when jury found “serious bodily injury” in the charge, they found that would be enough for jury findings
What amount of victim injury points for cuts/bruises?
Slight only!
What’s required to get sex penetration points?
Must be charged in Information!
Some entry into a body part, even if slight
What’s required for sex contact points?
Touching sex organs is enough—but must be part of the elements or alleged in information
How long are juvenile offenses listed on scoresheet
If committed 5 years before primary offense
EXCEPT: Sex offenses committed more than 5 years are included unless conviction free record for 5 years
When can firearm enhancer be added?
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)
When can prior serious felony points be added
Primary or additional offense is level 8, 9 or 10 AND has one prior of those AND if supervision ended within 3 years
When is trafficking enhancement added?
Primary offense only AND judge’s discretion
Diff law enforcement sentencing enhancements (1.5; 2; 2.5)
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
When does GTA enhancer get added?
Primary offense AND 3 or more prior convictions for it
When is DV in front of child added?
Primary offense is DV AND in presence of child under 16
Standard for judge giving downward departure
Preponderance of the evidence
Downward Departure/Mitigation (12+2 addt’l)
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
HVFO
-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)
3 time violent felony offender
-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
Violent Career Criminal (GORT)
-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
Can sentencing enhancements be stacked?
No EXCEPT PRR with the others
Which enhancements are discretionary (no min man even if imposed)
HFO and HVFO—
10-20-life minimums
Posesss gun gets 10
Discharge gets 20
GBI or death 25-life
10-20-life reclassification
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
10-20-life enumerated offenses
-The usual ones
PLUS burglary (conveyance is 3 years); agg stalking; trafficking
Stacking min mans under 10-20-life
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)
Min man for agg assault on LEO
3 years
Min man for sale of drugs within 1000 feet of school
3 years
Do guidelines apply to VOPS
YES if doing a revocation—can always modify or continue the probation even if they score
Max prison for YO
6 years unless VOP and new, substantive offense then cap doesn’t apply anymore
Mandatory early term/convert to administrative probation
-half the probation is over
-Completed all conditions
-no prior vops
-not precluded by plea
-not VFOSC
VOP Cap for first time
90 PCJ and modification max if it’s a minor violations
What qualifies for VFOSC
On probation for qualifying offense OR prior qualifying offense and currently on probation for anything after 2007
Effects of VFOSC
-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
YO Qualifiers
-21 at time of crime
-Life felonies are INELIGIBLE—but PBLs are ok
-Can be imposed on VOP for first time offenders
Effects of YO on score, min mans, etc
-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
Possible YO sentences
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!!!
Juvenile Review periods
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
Standard for downward departure in Florida
Preponderance of the evidence—totality of the circumstances—need competent and substantial evidence of the reason
Examples of non statutory reasons to downward depart
-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
2 step process for judge determining downward departure
- Are the mitigators proven
- If a downward departure is the best thing in this case
If injured during sex offense, what victim injury points go on the scoresheet?
BOTH sex contact/penetration AND any additional injuries
If more than 1 AV, how do victims injury points get calculated
Get them for each AV physically injured
What causes level of an offense to go down?
Attempt, solicitation or conspiracies—1 level lower except levels 1 and 2 go to MMs
What causes offense level to be reclassified higher?
Mask enhancement, use of a weapon during felony, commits agg battery during felony, taking of cops gun, sex batt with multiple people
Is drug trafficking enhancement required?
No—optional
When can a judge sentence to probation or community control
48 points or 54 for a technical VOP!
Time limit on 3/850
2 years after judgment and sentence become final unless newly discovered evidence
How much probation is allowable when authorized in federal sentencing?
1-5 years in felony
