HYLAND v. STATE (2000)

District Court of Appeal of Florida,Third District.

Excellius Octave HYLAND, Appellant, v. The STATE of Florida, Appellee.

No. 3D99-1839.

Decided: October 11, 2000

Before COPE and GREEN, J., and NESBITT, Senior Judge.

Bennett H. Brummer, Public Defender, and Rosa C. Figarola, Assistant Public Defender, for appellant. Robert A. Butterworth, Attorney General, and Paulette R. Taylor, Assistant Attorney General, for appellee.

Excellius Octave Hyland appeals his sentence imposed after his conviction of armed robbery. We reverse the sentencing order and remand for resentencing on authority of Heggs v. State, 759 So.2d 620 (Fla.2000).

In addressing how the defendant's scoresheet should be calculated under the 1994 sentencing guidelines, the State has taken the position that it is allowed to increase the recommended state prison months by 25 percent twice. That is not so. The statute calls for a calculation of the recommended state prison months, which may be increased (or decreased) by 25 percent without giving a departure reason. See § 921.0014(2), Fla. Stat. (Supp.1996). The State is in error in saying that it may calculate the 25 percent increase, and then add another 25 percent to it. The 25 percent increase is calculated once, not twice.

Reversed and remanded for resentencing.

PER CURIAM.

Was this helpful?

Easy to understand

Solved my problem

Other

Missing the information I need

Too complicated / too many steps

Out of date

Other

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go to Learn About the Law