Supreme Court of Florida

Trial court's conclusion that defendant's third-degree felony offenses, for which he had completed his prison sentences and probation, should have been scored as additional offenses on the scoresheet used in the 2006 sentencing upon the revocation of defendant's probation is quashed and remanded as, offenses over which the trial court no longer has jurisdiction cannot be scored as additional offenses during a sentencing proceeding following a violation of probation because they do not fit the definition of "additional offense" set out in section 921.0021, Florida Statutes (1999).

Appellate Information

• Decided 04/22/2010
• Published 04/22/2010

Judges

• CANADY, J.

Court

• Supreme Court of Florida

Counsel

• For Appellant:
  
• James Marion Moorman, Public Defender, and Richard J. Sanders, Assistant Public Defender, Tenth Judicial Circuit, Bartow, FL, for Petitioner.


• For Appellees:
  
• Bill McCollum, Attorney General, Tallahassee, Florida, Robert J. Krauss Bureau Chief, and Ronald Napolitano, Assistant Attorneys General, Tampa, FL, for Respondent.